February 23, 2012
As GPS has become more widely used by law enforcement officers, the controversy over GPS tracking of cell phones without a warrant has grown as well. Many law enforcement officers have found that GPS tracking can provide invaluable evidence in many criminal cases. For example, GPS has proven extremely useful in tracking cell phones. Since cell phones are constantly receiving signals from the nearest cell tower, police can find the approximate location of any phone if a call is sustained for at least three minutes. Phones equipped with GPS apps are even easier to find.
![]()
Although law enforcement agencies have argued that this information is free to the public and should not require a warrant, others disagree. Some believe that GPS tracking of private citizens without their knowledge or consent is an invasion of their personal rights.
These individuals have even brought their complaints to court, with little success. Several court cases involving police tracking of suspects with GPS technology have been decided in favor of the law enforcement agency. However, some judges have been sympathetic toward those who believe a search warrant should be required before police use GPS to track a suspect.
This controversy has sparked so much debate, it has come to national attention. In fact, Senator Ron Wyden (D – Ore.) is the author of a bill that would require police to obtain a search warrant in order to track a person’s cell phone or vehicle. Sen. Wyden and others will attempt to pass this legislation in the near future.
These advocates for personal rights are opposed by some in the federal government, including the Department of Justice. According to the current Justice Department officials, the location of personal cell phones and vehicles is not personal information. Lawyers holding to this viewpoint have argued that a person’s rights are not violated when cell phone location is tracked for legal purposes.
Opponents of GPS tracking without a warrant are also concerned about how wireless carriers use the location information available to them. Tracking information is always provided to the police by the cell phone carrier. Some carriers provide more detailed information than others, and little is known about what wireless carriers do with the tracking information of their customers.
Two congressmen, Rep. Ed Markey (D-Mass) and Rep. Joe Barton (R-Tex), are attempting to gain information from several of the major U.S. carriers about how long they keep their customer’s tracking records, how they store the information, as well as other details. Although the companies have not responded, the congressman are hopeful that the responses will be instrumental in the coming debate over the ethical use of GPS tracking.
Article Written by Michelle Cantine