GPS Tracking Systems vs. Privacy – Which Side Wins?
NewsPublished May 2, 2009 at 9:30 am No CommentsBy James Neely
In Boston, Massachusetts there is a case pending before the Supreme Judicial Court which will decide the legality of using GPS Tracking systems in tracking suspected criminals for the intent of gathering evidence for the support of charges against those involved in crimes.
U.S. Supreme Court
The case has one underlying question as to the Constitutionality of the activity: Do the actions by police constitute illegal search and seizure when these devices are used without a prior warrant?
What the GPS Tracking system does. The devices being utilized by police are attached to a subject’s vehicle which then allows those cars to be tracked with incredible detail. Once retrieved by police, they can plug into a computer at headquarters to watch on-screen movements and locations of the suspects even to the point of being able to track the speed of the vehicle. It is like having police personnel right in the car at the time of the activities in question.
The case before the SJC in Massachusetts is drawing attention because the court ruling will send ripples through the law enforcement community. Police confirm the usage of the devices in ever increasing amounts, but say that warrants are obtained before-hand, otherwise the evidence would never be allowed in court to begin with.
The privacy issue. A larger and more relevant issue surrounds privacy and the lack thereof as these come into common uses across the nation. To the most conservative of those who allow for police activity that helps solve crimes, GPS Tracking systems present a real threat to privacy. It appears that no longer do we have a system of laws that maintain the innocence of a suspected party until proven guilty, but rather, anyone and everyone are considered guilty and these devices are used to obtain evidence to support that position.
The law enforcement justification. Police are always looking for ways to help prevent and solve crimes. The utilization of GPS tracking systems gives them an upper hand in this area, but also opens them up to abuse and misuse.
What’s the cost of safety? Ultimately we must decide between added safety and security at the expense of freedom. This is a debate that has been raging since the events of 9/11. Just because we have the tools and ability to track and monitor human activity does not mean that they should be used unabated against ordinary citizens.
There appears to be no clear-cut answer to this question other than waiting to see what the SJC in Massachusetts will decide. From there, other courts will probably follow suit with the same type of rulings. A ‘wait and see’ attitude prevails at this point.
