GPS Tracking Device
June 27, 2011 by USA Post
GPS Tracking Device, Can the government put a GPS tracking device in your car without a warrant? The Supreme Court will decide. The court agreed Monday to hear the case of Antoine Jones, whose truck was located by police a month before the search warrants for drugs in the places he visited.
A court overturned his conviction last year, ruling that the prolonged use of the GPS device without a warrant violates the Fourth Amendment.
The Obama appealed the decision in the Jones case, arguing that a person traveling on the street has no reasonable expectation of privacy. Other lower courts have allowed the monitoring of court orders, as well.
In the 1980s, the Supreme Court said that the device can be used to track a car for one trip, but the question in the latter case is whether the control of 24-7 over long periods of time is different.
In overturning the conviction of Jones, the federal appeals court basically said that you can reasonably expect not to be tracked at all times. More on that decision is available on Wired’s blog Threat Level that has been following the case.
When the court today agreed to hear the case, it expanded beyond the question of the issue of timing, asking for reports on whether even the installation of the GPS device without a warrant violates the Fourth Amendment.
The question is important in part because tracking technology has become so easy. Wired reports that the police can even place crawlers moving vehicles, and unsuspecting targets have found devices, as a student in California.
“The decision of the Court of Jones could have a significant impact on the privacy of all because most of us carries a tracking device every day: our mobile phone,” said the ACLU has filed briefs in the case. So readers, what do you think? Should the government have to get a warrant before attaching a GPS device in your car? Is electronic surveillance for a brief period of control over different long periods of time?
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