Davidson v. State - 3rd COA
The placement and monitoring of a tracking device on the defendant's
vehicle by U.S. Air Force personnel was
not an unlawful search even though the
placement was not authorized by a state district judge. There was no violation of the Posse Comitatus Act because the military
is authorized to use military resources on civilians if there is an
independent military purpose for their involvement. Also, the Air Force
was authorized to track the defendant based on military rules and
regulations because the defendant had access to the Air Force base. In
addition, a state district judge did not have to authorize the tracking
device because no Texas statute governs the use of tracking devices by
federal agents. Finally, monitoring the defendant's vehicle did not
violate the 4th Amendment because the rural ranch property in question
falls squarely within the definition of "open fields" in which there is
no expectation of privacy.
Davidson v. State, 03-06-00717-CR .