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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 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.
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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