Installing a GPS Tracker is a Search
Usually, police need to get a search warrant to install a GPS tracking device in their investigations. We say “usually” because challenging GPS tracker evidence depends on interpretation of the Fourth Amendment of the U.S. Constitution. The United States Supreme Court decided in a case called U.S. v. Jones that the government’s collection and use of GPS tracker evidence was illegal.
The most important part of the Jones case is that the Supreme Court held that the installation of a GPS tracking device on a suspect’s vehicle, as well as the monitoring of the movements of that vehicle, constituted a search under the Fourth Amendment. Criminal defense lawyers need to be able to parse out the difference in the analysis used in the multiple opinions. The justices on the Court arrived at the same result (i.e. GPS tracker installation is a search); however, some justices relied on “property interests” protected by the Fourth Amendment while others relied on “privacy interests” protected by the Fourth Amendment. The unfortunate part of Jones is that the Court did not really answer the question of whether a warrant is a required for a GPS tracking device to be installed.
Privacy Violated by Police GPS Trackers
In the late 1960’s the Supreme Court decided a case called Katz v. United States that laid out a test for certain violations of the Fourth Amendment. Justice Harlan explained this test in his concurring opinion, and Texas courts have relied on the test for years. First, the test decides whether a private citizen has exhibited an actual (subjective) expectation of privacy. Second, the test decides whether that expectation of privacy is recognized as “reasonable” by society.
Is a warrant required for GPS tracker installation by police?
This is a complicated question that does not yet have a clear answer. Some federal courts have decided that attaching a GPS tracker does not require a warrant. Basically, the idea is that we all carry around GPS trackers on our person (cell phones), and we consent to a private company (service provider) tracking our locations. When you got a cell phone, did you think you were agreeing to let the government monitor the GPS tracker? Probably not. If your case involves GPS tracker evidence you need a Fort Worth criminal defense lawyer that stays on the cutting edge of Fourth Amendment law. Call us today (817) 810-9395, to speak with us about the legal issues and defense in your case.