(Some but not all) Court says police can use GPS to track anyone

[David Farber <dave () farber net>]

Begin forwarded message:

From: Ethan Ackerman <eackerma () u washington edu>
Date: May 11, 2009 4:12:07 PM EDT
To: dave () farber net
Subject: Re: [IP] (Some but not all) Court says police can use GPS to  
track  anyone
Reply-To: eackerma () u washington edu

Greetings Dave,

Whether or not warrantless police use of a GPS tracking device is a
4th Amendment violation is very much an unsettled question before
courts right now, with differing opinions at both the state and
federal level.

At the federal level, Circuit Courts have split on the issue.  The
7th, 5th and 9th Circuits have in some cases found there to be no 4th
Amendment violations, while the 1st, 10th and 6th Circuits have found
some level of 4th Amendment violation.

The U.S. Court of Appeals for the D.C. Circuit is presently deciding
the issue  ( http://legaltimes.typepad.com/blt/2009/03/civil-rights-advocates-challenging-warrantless-gps-tracking.html
) and several legal observers suspect that it is _this_ decision that
will serve as the basis for an eventual appeal to the US Supreme
Court.   The ACLU and EFF are both involved in this case.


Other state courts have also addressed the issue  (NY - see
http://lawprofessors.typepad.com/evidenceprof/2009/03/gps-nyhttpwwwlegislativegazettecomday_itemphpitem761.html
)

and Washinton state (see
http://community.seattletimes.nwsource.com/archive/?date=20030911&slug=webgpswarrant11
)  which has held that regardles of the US Constitution, Washington
state's constitution prohibits the practice without a warrant.  (It
should also be noted that the case Bob forwards is an intermediate
Wisconsin appellate court, not a federal court as the article
suggests. )




On Mon, May 11, 2009 at 3:16 PM, David Farber <dave () farber net> wrote:
> Begin forwarded message:
>
> From: bobr () bobrosenberg phoenix az us
> Date: May 11, 2009 2:23:12 PM EDT
> To: dave () farber net
> Subject: Court says police can use GPS to track anyone
>
> Hi Dave
>
> Perhaps for I.P.
>
> Just in case you (mistakenly?) thought the 4th Amendment still  
> exists....
>
> Cheers,
> Bob
>
> --
> Bob Rosenberg
> P.O. Box 33023
> Phoenix, AZ  85067-3023
> Mobile:  602-206-2856
> LandLine:  602-274-3012
> bob () bobrosenberg phoenix az us
>
>
>
> May 10, 2009 9:04 PM PDT
> Court says police can use GPS to track anyone
> by Chris Matyszczyk
> http://news.cnet.com/8301-17852_3-10237353-71.html?tag=nl.e703
[...]




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