In October, the US Supreme Court will decide an important case that is directly related to our Fourth Amendment rights (unreasonable search and seizure). This case takes into consideration the use of GPS tracking devices by law enforcement. This has been a hot topic as of late, and stems from a Washington, DC, case against a drug dealer by the name of Antoine Jones. Jones was busted by authorities after police installed a GPS tracking device on Jones’ wife’s vehicle.
If you missed Antoine Jones’ story, here’s a quick run-down:
Jones was suspected of being a drug dealer, and police began a surveillance operation consisting of a camera on the street near the club that Jones owned at the time, wire taps, and the installation of a GPS tracking device on the vehicle mentioned above. Authorities were granted a warrant allowing them to place the GPS tracker on the vehicle, but the warrant was to expire after ten days. In addition, the warrant clearly stated that the GPS tracker must be installed in DC.
Simple, right? Apparantly not simple enough. Not only did authorities wait until after the ten-day window had expired, they installed the device in Maryland. Regardless, Jones was eventually arrested after his vehicle and residence were searched. Jones was convicted, and he gained a life sentence. Jones has since appealed this decision in the DC Appeals Court – he won his case.
The Department of Justice has asked the US Supreme court to review the case, stating the decision could change the way the Fourth Amendment is interpreted in all cases, not just those that involve the use of a GPS device.
Many organizations have stepped up to stand in Jones’ corner, all asking for the courts to do the right thing and “restore the Fourth Amendment to its original text and purpose.” Arkansas attorney John Wesley Hall points out that every cell phone has GPS since 2008, and he recently told press that “…it scares the hell out of me what the government can do.”
This author hopes that the Supreme Court makes the right decision and deems the practice of warrentless tracking illegal. If not, it may only be a matter of time until Big Brother is bound by no law.
Article Written by Khristen Foss
