At the request of the US Department of Justice (DOJ) yesterday, the Supreme Court (SCOTUS) agreed to hear a case concerning warrantless GPS tracking in their new session which begins in October. Most US Circuit Courts of Appeal ruling on this matter have held that no warrant is required, and the Obama administration is asking the Supreme Court to agree. What the feds are saying is that GPS tracking is similar to the use of a radio tracking beacon, which the court ruled legal without a warrant in 1983. But that requires police to physically follow the vehicle, whereas GPS tracking can report a person’s movements remotely, 24 hours a day, and build quite a profile of their daily lives. As the DC Court of Appeals said in a ruling the DOJ is asking SCOTUS to overturn: …who knows all of another’s travels can deduce whether he is a weekly churchgoer, a heavy drinker, a regular at the gym, an unfaithful husband, an outpatient receiving medical treatment, an associate of particular individuals or political groups — and not just one such fact about a person, but all such facts. Hopefully the fourth amendment to the constitution still applies and the Supreme Court will say, go get a warrant! Wired has more background and PDF links to the Justice Department filing and the Supreme Court’s briefing request. FWIW (which may not be much these days), here’s the text of the fourth amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Image courtesy Chris Phan
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US Supreme Court agrees to hear warrantless GPS tracking case