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Warrants Needed for GPS Monitoring, US Supreme Court Rules
The US Supreme Court ruled unanimously Monday the authorities need a
probable-cause
warrant from a judge to affix a GPS device to a vehicle and
monitor its every move.
Return To OnlinePot's
Legal Section Main Page
By David Kravets
January 23, 2012 | 10:16 am
http://www.wired.com/threatlevel/2012/01/scotus-gps-ruling
/
The Supreme Court ruled unanimously Monday the authorities need a probable-cause
warrant from a judge to affix a GPS device to a vehicle and monitor its every
move.
The decision supreme court opinions Read Opinions
11pdf/10-1259.pdf in what is arguably the biggest Fourth Amendment case
in the computer age, rejected the Obama administration’s position that
American’s had no privacy in their public movements. The government had told
the high court that it could affix GPS devices on the vehicles of all members of
the Supreme Court, without a warrant.
“We hold that the government’s installation of a GPS device on a target’s
vehicle, and its use of that device to monitor the vehicle’s movements,
constitutes a ‘search,’” Justice Antonin Scalia wrote.
The justices agreed to hear the case to settle conflicting lower-court decisions
— some of which ruled a warrant was necessary, while others found the
government had unchecked GPS surveillance powers.
One of the Obama administration’s main arguments in support of warrantless GPS
tracking was the high court’s 1983 decision in United States v. Knotts, in
which the justices said it was OK for the government to use beepers known as
“bird dogs” to track a suspect’s vehicle without a warrant. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=460&invol=276
That 1983 beeper case is among the reasons why the issue was before the
justices. The U.S. Court of Appeals for the District of Columbia Circuit had
ruled that suspected District of Columbia drug dealer Antoine Jones had his
Fourth Amendment rights violated with the warrantless use of GPS attached
underneath his car. The court reversed Jones’ conviction, saying the FBI
needed a warrant.
The appeals court said the beacon in the 1983 case tracked a person, “from one
place to another,” whereas the GPS device monitored Jones’ “movements 24
hours a day for 28 days.”
The appeals court ruled the case “illustrates how the sequence of a person’s
movements may reveal more than the individual movements of which it is
composed.”
During oral arguments in the case in November, a number of justices invoked the
specter of Big Brother if the police could secretly attach GPS devices on
Americans’ cars without getting a probable-cause warrant.
The last time the high court considered the Fourth Amendment, technology and
privacy in a big-ticket case was a decade ago, when the justices ruled that the
authorities must obtain search warrants to employ thermal-imaging devices to
detect indoor marijuana-growing operations, saying the imaging devices carry the
potential to “shrink the realm of guaranteed privacy.” http://www.law.cornell.edu/supct/html/99-8508.ZS.html
The Obama administration urged the court to reinstate the conviction and life
sentence of Jones, a suspected cocaine dealer whose vehicle was tracked via GPS
for a month without a court warrant.
The government told the justices during oral arguments that that GPS devices
have become a common tool in crime fighting, saying it is employed
“thousands” of times annually.
(More to come.)
David Kravets is a senior staff writer for Wired.com and founder of the fake
news site TheYellowDailyNews.com. He's a dad of two boys and has been a reporter
since the manual typewriter days.
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