Warrantless GPS Tracking Unconstitutional
Last week, the United States Supreme Court made national headlines with its latest decision dealing with the Fourth Amendment and in doing so, demonstrated a return to the framers' original intent as it related to the definition of what is, and what is not, a search. In United States v Jones , the defendant, among others, had been convicted of conspiracy to possess with the intent to distribute more than 50 grams of cocaine base and was sentenced to life imprisonment. Part of the Government's case rested upon data it had acquired after investigators placed a GPS tracking device on the undercarriage of Jones's wife's car while it was parked in a public parking lot. The agents had obtained a search warrant prior to the installation of the GPS device, however, the warrant authorized the placement within 10 days and in the District of Columbia. The device was installed on the 11th day and in Maryland. Therefore, the question became whether the agents needed a searc