I have not read this recent supreme court decision ruling that the government's use of a GPS tracking device during 28 day surveillance amount to a warrantless search.
The Supreme Court said Monday that law enforcement authorities might need a probable-cause warrant from a judge to affix a GPS device to a vehicle and monitor its every move — but the justices did not say that a warrant was needed in all cases.
The convoluted decision (.pdf) in what is arguably the biggest Fourth Amendment case in the computer age, rejected the Obama administration’s position that attaching a GPS device to a vehicle was not a search. The government had told the high court that it could even affix GPS devices on the vehicles of all members of the Supreme Court, without a warrant.
“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’” Justice Antonin Scalia wrote for the five-justice majority. The majority declined to say whether that search was unreasonable and required a warrant.
All nine justices, however, agreed to toss out the life sentence of a District of Columbia drug dealer who was the subject of a warrantless, 28-day surveillance via GPS.
Four justices in a minority opinion said that the prolonged GPS surveillance in this case amounted to a search needing a warrant. But the minority opinion was silent on whether GPS monitoring for shorter periods would require one.
I don't remember reading anything in the Federalist Papers about GPS tracking devices. Did Madison write anything about the topic? How about Hamilton or Jefferson Thomas Aquinas. I don't think so. As a matter of fact there is nothing in the constitution about GPS tracking devices. As far as I know, none of the founding fathers expressed any opinion on the 4th Amendment applied to GPS tracking devices in a virtual age. So what is the deal with Judge Scalia and Thomas? Why did these two not raise holy hell about case? It is almost as if they are willing to create Judge Made Law.

0 comments:
Post a Comment