Privacy is For Sissies
Thalia.
Posted to Legal on Wed Feb 07, 2007 at 10:07:10 AM EST (promoted by port1080). RSS.
The 7th Circuit recently held (9 page PDF) that using GPS devices to track cars does not have any 4th Amendment (search & seizure) implications. There hasn't been much media reporting, although some blogs have addressed the implications.
In this case, a GPS device was attached to a suspect's car, and the car tracking data was used in large part to convict him of methamphetamine manufacturing. He appealed, suggesting that the attachment of the GPS device violated his 4th Amendment right against search & seizure.
The 7th Circuit dismissed his appeal, stating that not only was this not a search, the police don't even need "reasonable suspicion" to plant such devices. This is because the use of such devices is no different than a policeman following a suspect in another car, except it's more efficient. In other words, according to the 7th Circuit, tagging all cars with GPS trackers would be acceptable. Judge Posner does address this as well. He notes that "one can even imagine a law requiring all new cars to come equipped with the device so that the government can keep track of all vehicular movement in the United States," and notes that "this may raise 4th Amendment issues," but then declines to address those issues.
Time to start checking your cars for GPS transmitters.
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