Tuesday, January 24, 2012

Supreme Court Limits GPS Surveillance

Wired:
The Supreme Court said Monday that law enforcement authorities might need a probable-cause warrant from a judge to affix a GPS device to a vehicle and monitor its every move — but the justices did not say that a warrant was needed in all cases.
The convoluted decision (.pdf) in what is arguably the biggest Fourth Amendment case in the computer age, rejected the Obama administration’s position that attaching a GPS device to a vehicle was not a search. The government had told the high court that it could even affix GPS devices on the vehicles of all members of the Supreme Court, without 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 movements, constitutes a ‘search,’” Justice Antonin Scalia wrote for the five-justice majority. The majority declined to say whether that search was unreasonable and required a warrant.
All nine justices, however, agreed to toss out the life sentence of a District of Columbia drug dealer who was the subject of a warrantless, 28-day surveillance via GPS.
Four justices in a minority opinion said that the prolonged GPS surveillance in this case amounted to a search needing a warrant. But the minority opinion was silent on whether GPS monitoring for shorter periods would require one.
Seriously, how damn hard is it to get a warrant?  Don't cops know who the easy judges are to get warrants from?  I find it very hard to believe that large numbers of judges are standing up for the civil liberties of suspected criminals.  I think cops are just very damn lazy when it comes to doing actual Constitutionally required work.  While this decision leaves a LOT of gray area, at least they didn't rule that cops could track people any time they wanted without a warrant.  Small victories, I guess.

2 comments:

  1. Interesting that Scalia who is considered so conservative was in the majority and wrote the opinion. Maybe he's got some civil liberties after all. A small step in avoiding a march to a police state.....

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  2. I still don't trust him or the cops. At least it wasn't a complete green light to the cops.

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