Knowing the Law

The recent firestorm regarding how invasive the government is becoming in the private lives of citizens has produced a cause for alarm in many people. One aspect of this concern is the use of GPS tracking and other GPS devices by law enforcement agencies. This is a highly controversial topic that has led to Supreme Court rulings and interpretations of how and when the law can resort to using GPS tracking for protection and evidential purposes.

The Fourth Amendment

The Constitutional heart of this matter is the Fourth Amendment, which is a citizen’s right against “unreasonable searches and seizures” from the government. The question is whether the use of GPS tracking devices, as used by law enforcement unbeknownst to suspects, equates to a violation of this Constitutional right.

United States v. Jones

A case was brought against the government before the Supreme Court in 2012 to challenge this usage of GPS tracking by law enforcement. At that point it was determined that the use of GPS without a court issued warrant was in violation of the Fourth Amendment protection against unreasonable searches and seizures because the placement of that device was considered to be a “search.” This outcome has effectively limited the use of GPS tracking devices in law enforcement efforts.

Ongoing Issues

While the Jones case settled the issue of using GPS tracking by law enforcement, it did not give a definitive answer to all possible uses of GPS tracking in law enforcement. Still to be answered is the use of tracking devices through cell phone technology and what to do if law enforcement has probable cause in regards to the use of GPS tracking. With these issues still to be determined, the government has to move cautiously when using GPS technology in its pursuit of criminals. The ACLU is at the forefront of trying to ensure the rights of citizens in other cases involving government surveillance.

While there are still many issues to work out, GPS tracking still has a future in law enforcement. Citizens still have their rights to privacy and against illegal searches. The powers that be need to be able to work out that delicate balance to make sure the peoples’ rights are guaranteed and still allow law enforcement to do its job.

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Knowing the Law