Most "Interesting" Reasoning in Virginia's September Cases

The Virginia Court of Appeals has already decided to hear Foltz v. Commonwealth en banc, so I can't critique too hard. Hopefully, they'll fix this in the final decision.

The case is about whether or not the police violated the 4th amendment when they placed a GPS tracker underneath the bumper of a van the defendant was driving. Part of the appellate court's reasoning was this:

There is no societal interest in protecting the privacy of those activities that might occur in a bumper.

Just imagine the federal Supreme Court in Katz saying "There is no societal interest in protecting the privacy of those activities that might occur on the outside of a phone booth."