Discuss using Global Positioning Systems (GPS) in evidence collection

Question

What will be an ideal response?

Answer 1

Whether a warrant is required to install a tracking device, or track a vehicle or other object, revolves around expectations of privacy. If an intrusion into an area where there is a privacy expectation is necessary to install the device, or the vehicle or object will be tracked in an area where one has a privacy expectation, a warrant is required. If there is no such intrusion or tracking the device will not infringe on privacy, a warrant is not required. Other courts of appeal have reached different results, holding the GPS devices and subsequent monitoring are not searches. In June of 2011 the U.S. Supreme Court granted certiorari in Maynard. The Supreme Court stated the issue to be reviewed was "Whether the government violated respondent's Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent.