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The Fourth Amendment to the United States Constitution protects citizens “against unreasonable searches and seizures” and requires that a warrant be issued for such search and seizure. As our world has evolved, so have the potential ramifications of this amendment. One particular application of the Fourth Amendment deals with using a GPS tracker and transmitter to track a suspect under police observation. The legality of using such a GPS tracker has come into question and will soon be decided by the United States Supreme Court.

The GPS devices used in this type of tracking are simpler than the ones used for navigation in cars. These transmitters don’t need to display a map or create routes to a destination. They simply send a signal of their location, plotted by global positioning satellites. Law enforcement can use such a signal to track the location of a suspect’s vehicle during investigations. This device is similar to the bracelet devices fitted to some sex offenders under observation. Of course, a GPS transmitter would be planted on a suspect’s vehicle without his or her knowledge. It’s because the tracking is secret that some people are challenging its legality and calling it a violation of the Fourth Amendment.

Many state courts have already passed down rulings on the practice of using a GPS transmitter to track suspects. Most of them are ruling that it is illegal for police to do that, calling it a violation of the Fourth Amendment. However, most federal courts disagree, saying that it is fine for police to track a suspect’s vehicle using a GPS device. This gets further complicated when the duration of the tracking comes into question. When the tracking is long-term enough, some federal courts are ruling that it is indeed illegal for law enforcement to use GPS transmitters for long-term tracking of persons of interest.

The most notable case where “long-term” tracking came into question was the case United States v. Jones last summer. The Washington, DC, federal court ruled against the use of long-term GPS tracking. This case has been appealed to the United States Supreme Court. Once the Supreme Court decides, their precedent will then affect the decisions of both federal and state level courts. Though the rulings currently differ widely from state to federal courts, having a clear decision from the Supreme Court will provide a nationwide benchmark for applying the Fourth Amendment to GPS tracking.

Article Written by Katharine Stephens