United States x. Xxxxxx, supra, where the officers’ actions in installing and following tracking device did not amount to a search under the Fourth Amendment. Subdivision (d). Amended Rule 41(d) includes new lan- guage on tracking devices. The tracking device statute, 18 U.S.C. § 3117, does not specify the standard an appli- cant must meet to install a tracking device. The Su- preme Court has acknowledged that the standard for installation of a tracking device is unresolved, and has reserved ruling on the issue until it is squarely pre- sented by the facts of a case. See United States v. Karo, 468 U.S. 705, 718 n. 5 (1984). The amendment to Rule 41 does not resolve this issue or hold that such warrants may issue only on a showing of probable cause. Instead, it simply provides that if probable cause is shown, the magistrate judge must issue the warrant. And the war- rant is only needed if the device is installed (for exam- ple, in the trunk of the defendant’s car) or monitored (for example, while the car is in the defendant’s garage) in an area in which the person being monitored has a reasonable expectation of privacy.
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United States x. Xxxxxx, supra, where the officers’ actions in installing and following tracking device did not amount to a search under the Fourth Amendment. Subdivision (d). Amended Rule 41(d) includes new lan- guage on tracking devices. The tracking device statute, 18 U.S.C. § 3117, does not specify the standard an appli- cant must meet to install a tracking device. The Su- preme Court has acknowledged that the standard for installation of a tracking device is unresolved, and has reserved ruling on the issue until it is squarely pre- sented by the facts of a case. See United States v. Karo, 468 U.S. 705, 718 n. 5 (1984). The amendment to Rule 41 does not resolve this issue or hold that such warrants may issue only on a showing of probable cause. Instead, it simply provides that if probable cause is shown, the magistrate judge must issue the warrant. And the war- rant is only needed if the device is installed (for exam- ple, in the trunk of the defendant’s car) or monitored (for example, while the car is in the defendant’s garage) in an area in which the person being monitored has a reasonable expectation of privacy.. Page 157 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 41
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