U.S. Supreme Court Unanimously Decides Warrant Needed by Police for GPS Tracking

The Wall Street Journal reported that the U.S. Supreme Court unanimously ruled today that police must obtain a search warrant prior to before attaching a global positioning system (GPS) device to a suspect's car. According to the Journal, "The government argued that attaching the tiny device to a car's undercarriage was too trivial a violation of property rights to matter." Also according to the Journal, "The decision upholds a federal appeals court in Washington, which voided a drug conviction because police obtained evidence by using the GPS tracker to follow the suspect's movements without a valid warrant."

According to the New York Times, "That ruling avoided many difficult questions, including how to treat information gathered from devices installed by the manufacturer and how to treat information held by third parties like cellphone companies." The Times also reported that, "Though the ruling was limited to physical intrusions, the opinions in the case collectively suggested that a majority of the justices are prepared to apply broad Fourth Amendment privacy principles unrelated to such intrusions to an array of modern technologies, including video surveillance in public places, automatic toll collection systems on highways, devices that allow motorists to signal for roadside assistance and records kept by online merchants."

Writing in a majority opinion and reported by the Times, Justice Antonin Scalia said, "We hold that the government’s installation of a G.P.S. device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search.'"