Ever since GPS trackers entered the retail market, law enforcement has been searching for ways to maneuver it into their criminal and drug crimes investigation arsenal. Over the years, I have had several clients inform me that they have found a mysterious device on their vehicle. After a clear inspection and even a quick Google search of the model number, we are able to positively confirm we found a GPS device. It’s amazing to me that law enforcement thought they could legally attach these devices to suspects vehicles and track there every move without violating the individuals constitutional rights. The United States Supreme Court has finally set law the record straight. In US v. Jones, the Court said that the government must get a warrant to put a GPS tracker on citizens’ vehicles. The Courts ruling indicated that without a warrant, these devices violate the reasonable expectation of privacy guaranteed by the Fourth Amendment to the Constitution. As soon as this happened, law enforcement across the country had to scramble in order to obtain warrants for the active GPS trackers out in the field. The Wall Street Journal reported that the FBI alone had to turn off 3,000 GPS trackers. The FBI later retracted and said they were not exactly sure the numbers regarding the GPA trackers. I am not sure what is scarier, the fact that the FBI does not have a clue of the number of trackers or the fact that there are so many active, the agency cannot keep valid numbers. The bottom line is that federal agents and local law enforcement agencies are seriously taking advantage of this GPS technology. We are now starting to see law enforcement attempt to track individuals through the personal handheld devices, such as cell phones. Criminal lawyers across the country will continue to attack the this invasion of privacy. While a couple of courts are in conflict over this issue, I am confident the courts will make this right with a clear ruling this is a 4th amendment violation.
http://www.forbes.com/sites/kashmirhill/2012/03/27/how-many-gps-trackers-is-the-fbi-actually-using/
Jay R. Rooth
Jay is an experienced and dedicated attorney. Whether you need help with a DUI or a more serious felony, Jay is ready to fight for you. Not only is Jay highly regarded by his peers, he’s also strongly recommended by his clients. Jay obtained his Law degree from Barry University Law School. Jay is a active member of the Orlando Chamber of Commerce, the Federalist Society, Florida Bar Association, the Orange County Bar Association, the Central Florida Association of Criminal Defense Attorneys, and the National Association of Criminal Defense Attorneys.
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