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Judges Rule Against Secret GPS on Cars

February 2, 2012 by Michael Cooke

In a major decision on privacy in the digital age, the Supreme Court has ruled that police need a warrant before attaching a Global Positioning System device to a person’s car.
The ruling, which marked the justices’ first-ever review of GPS tracking, was unanimous. The justices divided, however, on how the Fourth Amendment protection against unreasonable searches and seizures applies.
The case ensures that police cannot use a GPS to continuously track a suspect before obtaining a warrant from a judge.
The decision specifically applies when police install a GPS device on a person’s car. Five justices suggested in concurring statements that a warrant might similarly be needed for prolonged surveillance through smart phones or other devices with GPS capabilities.
The court reversed the cocaine-trafficking conviction of Antoine Jones, a Washington, D.C. nightclub owner. Police attached a GPS device to his Jeep while it was parked in a public lot. Agents used the evidence of Jones’ movements over four weeks to help win the conviction on conspiracy to distribute cocaine.

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