GPS Surveillance: A Crossroads for the Fourth Amendment
by Daniel Solove, ACS, November 7, 2011
The Supreme Court has long held that there is no expectation of privacy in public for the purposes of the Fourth Amendment. Because the Fourth Amendment turns on the existence of a reasonable expectation of privacy, the Court’s logic means that the Fourth Amendment provides no protection to surveillance in public. In United States v. Jones … FBI agents installed a GPS tracking device on Jones’ car and monitored where he drove for a month without a warrant. …federal circuit courts have reached conflicting conclusions on GPS, and now the Supreme Court will resolve the conflict.