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View Full Version : Government arguing for warrentless GPS trackers



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03-23-2013, 12:53 PM
http://rt.com/usa/white-house-favors-warrantless-gps-692/

Lawyers for the Obama administration will argue next week that US authorities are not required to obtain a search warrant before attaching a GPS device to an individual’s car in order to keep tabs on them.


The case, set to be heard on Tuesday by the 3rd US Circuit Court of Appeals in Philadelphia, comes over a year after a US Supreme Court decision failed to convince the Department of Justice that warrantless GPS tracking is an infringement on Americans' Constitutional rights.


“This case is the government’s primary hope that it does not need a judge’s approval to attach a GPS device to a car,” Catherine Crump, a lawyer with the American Civil Liberties Union (ACLU) told Wired magazine.


In January 2012 the Supreme Court overruled an Obama administration assertion that police should be permitted to affix a GPS device to a personal vehicle without a search warrant. Questions were left, however, when the Court declined to answer whether that type of search was unreasonable and when justices could not reach a consensus on how police would need to monitor a suspect before requesting a warrant.


“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movement, constitutes a ‘search,’” Justice Antonin Scalia wrote for the five-justice majority last January.

Scalia stipulated in the opinion that a warrant was not always necessary, but failed to mention any specific examples of when this would be the case.