Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Respondent.

Argument: The rule in New York v. Belton (1981), which allows the search of a vehicle’s interior incident to a custodial arrest of an occupant of the vehicle, as practiced on state highways, violates the Fourth Amendment and should be overruled. Police may search the passenger compartment of a car incident to an occupant’s arrest only if it is reasonable to believe that the arrestee might access the vehicle after his arrest or that the passenger compartment contains evidence of a crime.

Joint Amicus curiae brief of the American Civil Liberties Union Foundation, the ACLU Foundation of Pennsylvania, the Electronic Frontier Foundation, and the National Association of Criminal Defense Lawyers in support of affirmance of the district court. 

Argument: Tracking a car by physically attaching a GPS device to it requires a warrant based on probable cause, without exception. The District Court correctly applied the exclusionary rule because the FBI agents did not rely on binding appellate precedent.

Brief of Amici Curiae National Association of Criminal Defense Lawyers, Cato Institute, and Due Process Institute in Support of Plaintiffs-Appellants.

Argument: Unfair and abusive uses of asset forfeiture by government agencies underscore the importance of due process protections in this case. Due process requires a prompt post-deprivation hearing when the government seeks forfeiture of a vehicle. Relevant Supreme Court and federal court precedent generally require a pre-deprivation hearing, but still require a post-seizure hearing for seizure of vehicles. The factors in Mathews v. Eldridge weigh strongly in favor of a prompt post-seizure hearing.