Virginia Regulatory Town Hall
Department of Medical Assistance Services
Board of Medical Assistance Services
Standards Established and Methods Used to Assure High Quality Care [12 VAC 30 ‑ 60]
Action Electronic Visit Verification
Stage Proposed
Comment Period Ended on 3/21/2020
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3/21/20  4:25 pm
Commenter: United States v. Antoine Jones

EVV is illegal

United States v. Jones, 565 U.S. 400 (2012), was a landmark United States Supreme Court case which held that installing a Global Positioning System (GPS) tracking device on a vehicle and using the device to monitor the vehicle's movements constitutes a search under the Fourth Amendment.[1] In 2004 defendant Jones was suspected of drug trafficking. Police investigators asked for and received a warrant to attach a GPS tracking device to the underside of the defendant's car but then exceeded the warrant's scope in both geography and length of time. The Supreme Court justices voted unanimously that this was a "search" under the Fourth Amendment, although they were split 5-4 as to the fundamental reasons behind that conclusion. The majority held that by physically installing the GPS device on the defendant's car, the police had committed a trespass against Jones' "personal effects" – this trespass, in an attempt to obtain information, constituted a search per se.

DMAS is requiring the disabled to give us their rights to live in the community.  DMAS should sue the federal government over this requirement. 

CommentID: 80064