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GPS & the Fourth Amendment
By Scott F. Pearce, Esq. | August 14, 2008
Since 1967, the US Supreme Court has acknowledged that the 4th Amendment will have to evolve with the advances in technology. The case law is getting interesting.
US v. Garcia is a 2007 case from the 7th Circuit. Follow the link and have a look at the decision for yourself. You can read a Harvard Law Review article about the issues here. I think the court’s reasoning is sensible and scholarly, although I would have used it to reach the opposite result in the instant case. Here’s a recent Washington Post article on GPS and the 4th Amendment.
Topics: 4th Amendment |
August 14th, 2008 at 3:39 pm
Based on the WaPO story:
As long as the subject is already in the system and subject to parole monitoring or some type of restrictive court order, I see no problem in doing this. The slippery slope comes into play when the cops indulge in fishing expeditions.
As we all know, computer records never disappear, especially those kept by the government. I think a warrant should be required for this level of intrusion.