Tag Archives: warrant

Supreme Court Holds Warrant Required for GPS Tracking

The Supreme Court today issued an opinion holding that police cannot track a suspect using GPS without first getting a warrant.

Justice Scalia wrote the opinion, for a unanimous court, and concluded:  “We hold that the Government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search.’  It is important to be clear about what occurred in this case: The Government physically occupied private property for the purpose of obtaining information.”… More

Massachusetts Supreme Judicial Court Allows Use of Secret GPS To Track an Individual’s Movements, But Requires Police To Obtain Warrant

Earlier this year, the Wisconsin and New York state courts split on whether police may install a covert GPS tracking device on a suspect’s car without a warrant.  On September 17, the Massachusetts Supreme Judicial Court addressed the GPS tracking device issue, ruling that Article 14 of the Massachusetts Declaration of Rights requires a warrant before such a device may be installed and used. 

The defendant,… More