The Supreme Court has been going over a case as of late that involved the police and FBI who attached a GPS device to a drug suspect’s Jeep and without a search warrant. Today, judges ruled that it’s unconstitutional and that law enforcement, as with any situation involving private property, must receive a search warrant prior.
Being that a vehicle is private property, the fourth amendment in the Constitution specifically protects against government searches of private property. It’s quite interesting to note that this was even allowed in the first place, though it seems law enforcement has been getting away with the practice for all this time.
Of course, 99.99% of the population isn’t that much of an interest to track you and your vehicle’s every move, unless you have a crazy significant other that’s in law enforcement.
Via Los Angeles Times:
“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’” Scalia said. “The government physically occupied private property for the purpose of obtaining information,” he said.”
All of the judges agreed on the decision. The new ruling covers any tracking device whether it is actually attached to the vehicle or not.
“Meanwhile, Justice Samuel A. Alito Jr. said he would go further and rule that the “long-term monitoring” of the vehicle with a tracking device violated the 4th Amendment regardless of whether the device was attached to a car. He took the view that the government violated a motorist’s right to privacy by tracking his movements for weeks on end.”
Do you think the Supreme Court is right in their decision or should law enforcement be able to track anyone who is considered a suspect, without a search warrant?
