Tuesday, 7 July 2015

GPS Tracking Devices and the Constitution

Advanced technology greatly enhances a police officer's ability to fight crime but presents challenging constitutional issues. One particularly helpful new tool is the global positioning system (GPS) tracking device, a computerized unit that police can attach to a suspect's vehicle and then monitor to track the vehicle's movements. The GPS device is similar to a traditional tracking device sometimes called a "bird dog," but GPS provides more precise and detailed information. For example, the GPS unit can be programmed to transmit an electronic signal via a cell tower to a base unit approximately every five seconds. The officer monitoring it can determine the latitude and longitude of the vehicle, tell how long the vehicle remains at its location, view a computer screen containing a map of the area where the vehicle is located, and see where the vehicle is headed—all without leaving police headquarters.
The Big Brother aspect of this technology calls into question its legality. Because this technology is new, there is little case law on it. But two cases in the western United States have affirmed the warrantless use of a GPS tracking device under federal constitutional law based on U.S. Supreme Court precedent concerning bird dog tracking
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