Supreme Court to Hear Warrantles GPS Search Case

June 27, 2011 at 11:37 am | Posted in Aerospace Law Interfaces, Space Law | Leave a comment

by P.J. Blount with the blog faculty

Source – Associated Press

Supreme Court to review warrantless GPS tracking

By MARK SHERMAN, Associated Press – 3 hours ago

WASHINGTON (AP) — The Supreme Court will weigh in on an important privacy issue for the digital age: whether the police need a warrant before using a global positioning system device to track a suspect’s movements.

The justices said Monday they will hear the Obama administration’s appeal of a court ruling that favored a criminal defendant. The federal appeals court in Washington overturned a criminal conviction because the police had no warrant for the GPS device they secretly installed on a man’s car.

Other appeals courts have ruled that search warrants aren’t necessary for GPS tracking.

The Justice Department argued that warrantless use of GPS devices does not violate the Fourth Amendment’s ban on unreasonable searches. It also said prompt resolution of the divergent court opinions is critically important to law enforcement. . . . [Full Story]

More at The Volokh Conspiracy and Threat Level.

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