Appeals Court Rules Against Secret Police GPS Tracking
A federal appeals court ruled Friday that the police can’t covertly track a suspect’s car using a GPS device for an extended period of time without getting a warrant.
The ruling in the D.C. Court of Appeals overturned the conviction of a suspected cocaine dealer, saying that the use of a secret GPS tracking device on the man’s vehicle for two months violated the Fourth Amendment’s protection against unreasonable searches and seizures. The ACLU and the Electronic Frontier Foundation filed a friend of the court brief supporting the challenge.
The government argued that a 1983 Supreme Court case U.S. v. Knotts, which allowed police to put a tracking beacon in a container to follow a driver to a secluded cabin, made it clear that GPS tracking was allowed without a judge’s approval.
But the court found otherwise in its ruling (.pdf), drawing a distinction between short term monitoring that’s not much different from a police tail and ongoing, secret and ubiquitious tracking.
Continue www.wired.com/threatlevel/2010/08/gps-tracking-unconstitutional/
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