Police GPS tracking has become a major constitutional issue in criminal cases. In San Diego and nationwide, courts have ruled that installing a GPS device on a vehicle without a valid warrant violates the Fourth Amendment. The case of Mr. Jones is a key example of how police use of GPS went too far.
Mr. Jones was arrested on Oct. 24, 2005, for drug possession after police attached a tracker to his Jeep — without judicial approval — and used it to follow him for a month. Although police obtained a warrant, they failed to execute it properly.
The Government’s warrant authorized the installation of a GPS tracking device within the District of Columbia and within 10 days. On the 11th day, and outside of D.C. in Maryland, agents installed the device under the Jeep in a public lot. For the next 28 days, the Government used the GPS to track every movement of the vehicle.
Because of the improper execution, the court treated the case as though there was no warrant at all.
The Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures.” A Jeep is an “effect,” so attaching a police GPS tracker without proper authority constituted a search.
The Government argued that Mr. Jones had no reasonable expectation of privacy in the Jeep’s underbody or its public movements. The Court disagreed, emphasizing that the Fourth Amendment protects against government trespass and unlawful searches. GPS surveillance without a warrant crosses that line.
The final ruling: police must obtain a valid warrant before using GPS to track a person’s vehicle.
Justice Antonin Scalia delivered the Court’s opinion.
Full opinion here: United States v. Jones, 565 U.S. 400 (2012)
Anton Vialtsin, Esq.
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