As I wrote yesterday…and has been all the news across the country - the Supreme Court ruled that it defied an individual’s 4th amendment rights against unreasonable search and seizure to attach a GPS tracking device to a ’suspect’s’ vehicle without first obtaining a warrant. I would like to include several other observations of import to this information.
*While Monday’s decision specifically applies when police install a GPS tracking device on a person’s car, five justices suggested in concurring statements that a warrant might similarly be needed for prolonged surveillance through smartphones or other devices with GPS capabilities.
*The value of using GPS to track an individual lies in “the ability for it to be used to follow a person 24 hours a day. Data can then be collected and analyzed far more efficiently and economically than if a team of agents followed a person..
Finally, one news story offered this salient point:
“Civil libertarians and defense lawyers praised the ruling in United States v. Jones. In one opinion the “Fourth Amendment must continue to protect against government intrusions even in the face of modern technological surveillance tools,” said Virginia Sloan, president of the Constitution Project.
I applaud the efforts of those who work tirelessly to ensure that our constitutional rights remain firmly in place… for the most part unscathed if not a bit worse for the wear.
David Breston is a leading Woodlands criminal defense attorney - contact the Law Offices of David Breston at 713-224-4040 or 888-220-4040 if you need a reputable Woodlands criminal defense lawyer.
