Action | Electronic Visit Verification |
Stage | Proposed |
Comment Period | Ended on 3/21/2020 |
In United States v. Jones, the Supreme Court ruled that GPS tracking constitutes a search under the Fourth Amendment of the United States Constitution. That means for Virginia to track someone, they must either obtain consent or obtain a warrant, for which they must have probable cause to believe a crime is being committed. Unless there is evidence that people with disabilities and their attendants are committing crimes, Virginia has no grounds to use EVV to track us. Further, any consent given could be interpreted as illegally coerced since the consequence of refusing tracking could be the loss of life sustaining health care.