Yesterday the US Supreme Court ruled that tracking a car for 28 days with a GPS device is a “search” for Fourth Amendment purposes, thus requiring the police to get a warrant before undertaking that type of activity. The grounds for decision were somewhat narrow, but comments by a few justices indicate they are prepared to apply 21st-century principles, not just “18th-century legal concepts[,] to 21st-century technologies.”
Thus there is a glimmer of hope that the Fourth Amendment still has meaning in the face of American law enforcement’s unrelenting assault on this aspect of citizens’ rights. Of late, law enforcement’s motto seems to be “if it’s possible it must be legal”. Fortunately, the Constitution is still interpreted to disagree. There is much in this line of jurisprudence yet to play out, but this is unquestionably a positive result.
(Source: The New York Times)
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