Feds to Supreme Court: Allow Warrantless GPS Monitoring

Navstar GPS Wikimedia Commons

David Kravets
Wired

The Obama administration is urging the Supreme Court to allow the government, without a court warrant, to affix GPS devices on suspects’ vehicles to track their every move.

The Justice Department, saying “a person has no reasonable expectation of privacy in his movements (.pdf) from one place to another,” is demanding the justices undo a lower court decision that reversed the conviction and life sentence of a cocaine dealer whose vehicle was tracked via GPS for a month without a court warrant.

The petition, if accepted by the justices, arguably would make it the biggest Fourth Amendment case in a decade — one weighing the collision of privacy, technology and the Constitution.

In 2001, the justices said thermal-imaging devices used to detect marijuana-growing operations inside a house amounted to a search requiring a court warrant. The justices are likely to accept the government’s petition to clear conflicting lower-court rulings on when warrants are required for GPS tracking.

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