GPS and Cell Phone Tracking: Courts Disagree Over the Constitutional Implications of Twenty-First Century Law Enforcement Surveillance Methods
Abstract
"GPS and Cell Phone Tracking: Courts Disagree Over the Constitutional Implications of Twenty-First Century Law Enforcement Surveillance Methods," explores how courts have applied the Fourth Amendment to police officer surveillance operations conducted with GPS or cell phone technology.
The article begins with a quick summary of Fourth Amendment law, and explains the basic holdings of the Katz and Knotts line of cases. From there, it examines whether courts have allowed police officers to track suspects, using either global positioning systems or the suspect’s cell phone, without first obtaining a warrant. Highlights include a summary of a recent case decided by the always brilliant Judge Posner. This article concludes by noting that courts have come to divergent, and often conflicting, holdings, and that ultimately clarification will likely be required from the Supreme Court.