Justice Dept Says Warrant-less GPS Tracking is Legal
GPS tracking without a warrant, law enforcement and 4th Amendment rights: The legal system has been quite divided over whether law enforcement must obtain a warrant before placing a GPS vehicle tracking device on a suspect’s car. In some cases, if someone is caught doing something illegal, and 1) the GPS tracking system information was used to convict him or her and 2) the GPS tracking system was placed by law enforcement without a warrant, convictions are not possible or overturned. But in other cases, courts have upheld the use of evidence obtained by placing a GPS tracking device on a suspect’s car without a warrant.
This week the US Justice Department entered the legal debate over GPS tracking, law enforcement and 4th Amendment rights. The Justice Dept is appealing a lower court ruling that reversed a criminal conviction because the police did not obtain a warrant for the GPS tracking device they secretly installed on a man’s car during a D.C. drug-trafficking investigation.
Last year, the U.S. Court of Appeals for the D.C. Circuit reversed the life sentence of a Washington area man named Antoine Jones, saying the government violated Jones’ privacy rights in clandestinely tracking his movement for a month in a drug trafficking investigation. The initial ruling last summer says police can’t use GPS tracking technology to track a suspect’s car without getting a warrant. The full court, in a 5-4 decision last fall, refused to reconsider the decision. Now, the Justice Department, in a last-ditch effort, wants the Supreme Court to review the decision, arguing that it has broad implications for law enforcement across the country.