BizTech Law Blog

DOJ Urges U.S. Supreme Court To Approve Warrantless GPS Tracking

The Fourth Amendment protects an individual from unreasonable searches and seizures.  As it stands today, unless an individual has a reasonable expectation of privacy, local and federal law enforcement are not required to obtain a warrant prior to conducting a search. Does a person reasonably expect that law enforcement will attach a GPS tracking device to a vehicle to clandestinely monitor that person’s every movement?  The Department of Justice (DOJ) thinks so.

Recently, the DOJ requested that the U.S. Supreme Court approve the warrantless and covert attachment by law enforcement of a GPS tracking device to an individual’s vehicle.  The DOJ’s request arises from the recent decision of the U.S. Court of Appeals for the D.C. Circuit, which vacated the life sentence of a convicted drug dealer.  In that case, the D.C. Circuit held that law enforcement violated the individual’s Fourth Amendment rights by secretly attaching a GPS tracking device to the individual’s vehicle without a warrant.

Currently, the Federal Appellate Courts are in conflict over this issue.  Although the U.S. Supreme Court is not required to hear the case, a decision by the high court could have important repercussions for GPS and other technologies used by law enforcement agencies.

Categories: Privacy