Gavin Howe
The use of GPS technology by law enforcement to monitor suspects, employees, customers, and other individuals raises questions about individual privacy rights. While GPS technology has provided law enforcement with additional tools to track a person's precise location over an indefinite period, its use is subject to constitutional limitations. In the United States, the Fourth Amendment grants citizens privacy rights by protecting them from unreasonable searches and seizures, requiring search warrants to be based on probable cause. As such, the Supreme Court has ruled that law enforcement must obtain a warrant before physically attaching a GPS tracking device to a suspect's vehicle or obtaining historical cell-site location information associated with a suspect's cell phone. However, police agencies have been known to purchase sensitive cell phone location data, and several lower court opinions on the use of GPS-based vehicle surveillance are in conflict, leaving the topic open for future Supreme Court review.
| Characteristics | Values |
|---|---|
| Can law enforcement use GPS to track people? | Yes, but they must obtain a warrant from a circuit or district court judge. |
| Can law enforcement use GPS without a warrant? | No, it is a presumptively unreasonable search and may violate the Fourth Amendment. |
| Can law enforcement use GPS to track parolees? | Yes, parolees may be required to wear a GPS bracelet that alerts officers if they go to a place that is not listed in the device. |
| Can law enforcement use GPS to track their own officers? | Yes, GPS can be used to track when and where officers and their vehicles have traveled. |
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What You'll Learn
Law enforcement use of GPS for tracking people
Law enforcement agencies have embraced GPS tracking technology for public safety, which has led to increased efficiency and reduced costs in their daily activities. GPS tracking devices are used by law enforcement to monitor people of interest, suspects, employees, customers, and other investigative targets, illicit materials, and high-value property.
GPS tracking devices are designed for surreptitious installation (external magnetic or internal hardwire) and can be attached to a person's vehicle or property. These devices allow law enforcement to track a person's precise location in real time over a virtually indefinite period. The data collected can be used as evidence and helps improve operational coordination.
However, the use of GPS tracking by law enforcement raises questions about individual privacy rights. The Fourth Amendment to the U.S. Constitution protects Americans from "unreasonable searches and seizures" and requires search warrants to be based on "probable cause." As of October 2018, it remained unclear whether using GPS technology to track suspects without a warrant violates their Fourth Amendment rights.
In several states, law enforcement must obtain a search warrant before using GPS tracking. For example, in Alabama, law enforcement must get a warrant from a circuit or district court judge, and they must provide a copy of the warrant within 90 days of stopping the tracking. In Connecticut, law enforcement must get consent from people before tracking them, and it is a felony to use electronic equipment to track someone in a way that would cause reasonable fear or intimidation. In Delaware, it is illegal to install GPS trackers on vehicles without the owner's consent, and law enforcement must obtain a search warrant. In Hawaii, law enforcement should get a court order before tracking people with GPS.
In summary, law enforcement agencies use GPS tracking to monitor people and property, and while this has benefits for public safety and efficiency, there are also concerns about individual privacy rights and the potential for unreasonable searches and seizures without a warrant. The legal landscape is complex, with varying state-level laws and court rulings, and the Supreme Court may need to revisit this issue in the future to provide clarity.
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GPS tracking of vehicles
The use of GPS tracking devices by law enforcement is subject to constitutional limitations and varies by state. In Delaware, for example, it is illegal to install GPS trackers on vehicles without the owner's consent, and law enforcement must obtain a search warrant before tracking suspects with GPS. Similarly, in California, it is a misdemeanor offense to track someone without their consent, and vehicle owners must consent to tracking the vehicle. In Michigan, the same consent requirement applies before installing a GPS device, while Minnesota requires either a court order or the driver's consent.
On the other hand, some states have more lenient laws or no specific laws regarding GPS tracking. For instance, Arkansas doesn't have any laws preventing GPS tracking, and Georgia allows tracking as long as the vehicle owner installs the device.
Law enforcement agencies use GPS tracking systems to gather evidence against crimes, monitor suspects, and locate stolen or missing vehicles. The miniaturization of GPS devices has made it easier to conceal them in vehicles, shipments, or cargo. However, the use of GPS tracking by law enforcement has raised privacy concerns, and courts sometimes struggle to address the legal issues surrounding the use of such technology.
It is important to note that removing a police-installed GPS tracker from your vehicle could potentially result in theft charges, as seen in a case in Warrick County, Indiana, where a man was charged with theft for removing a GPS tracking device installed by the police.
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GPS monitoring of parolees
Parolees are often required to wear GPS monitors, usually in the form of ankle bracelets, as a condition of their release. This allows law enforcement to track their movements and ensure they stay within a specified zone. GPS monitoring is considered a privilege, offered as an alternative to incarceration, and can help to reduce prison overcrowding. While it is less restrictive than incarceration, allowing inmates to continue having jobs and relationships, it can still be challenging to navigate daily life with the constraints of GPS monitoring.
GPS monitoring provides law enforcement with real-time information on a parolee's whereabouts and can be used to set up inclusion zones that the parolee must remain within. If a parolee leaves the designated area, an alert will be triggered, and they may be rearrested for violating their parole. Parolees may also be required to submit an itinerary to their parole officer in advance, and they can be arrested if they deviate from this schedule.
In addition to GPS monitoring, parolees often have to agree to submit to searches by law enforcement and may be subject to warrantless searches as a condition of their release. This is based on the legal concept of "constructive custody," which asserts that the government has a valid interest in keeping tabs on its parolees and maintaining control over them even after they are released from prison.
While GPS monitoring can enhance community safety and improve the efficiency of parole supervision, it is important for probation and parole officers not to become complacent and rely solely on the technology. GPS units should be used in conjunction with other supervision methods to effectively monitor and address problematic behavior among parolees.
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GPS tracking of officers
GPS tracking systems are becoming increasingly common in police departments, with many benefits for improving efficiency and reducing costs. GPS tracking of police vehicles can help to identify the closest patrol car to a crime scene, ensure officers stay within their assigned areas, and alert police to ongoing crimes in their vicinity. This technology can also help officers respond to emergencies more quickly, by providing real-time directions that include traffic updates.
GPS tracking is also used to monitor the movements of suspects under investigation. Federal agents and police officers are permitted to attach a GPS tracker to a suspect's vehicle, provided they have a warrant to do so. This allows law enforcement to monitor the movements of suspects covertly, without detection.
While GPS tracking of police vehicles is now standard, the tracking of officers themselves is more controversial. Some have raised concerns about the privacy implications of this technology, and the potential for overuse by departments. However, with increasing scrutiny of police officers, GPS tracking is also seen as a tool to uphold community trust and transparency.
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GPS tracking and privacy rights
The use of GPS technology by law enforcement agencies raises questions about individual privacy rights. While GPS technology can be used by police to track a person's precise location over an indefinite period, the Fourth Amendment to the U.S. Constitution protects Americans from "unreasonable searches and seizures", requiring search warrants to be based on "probable cause".
The U.S. Supreme Court has ruled that law enforcement must obtain a warrant before physically attaching a GPS tracking device to a suspect's vehicle. In United States v. Jones, the Supreme Court held that the government's attachment of a GPS device to a vehicle and its use to monitor the vehicle's movements constitutes a search under the Fourth Amendment. This was a unanimous decision, and the first time the Supreme Court had considered the constitutionality of location-tracking technology.
However, several lower court opinions are in conflict, and the Supreme Court may need to revisit the topic. For example, in United States v. Katzin, the U.S. Court of Appeals for the Third Circuit ruled that law enforcement must have a warrant to use GPS-based vehicle trackers, but later vacated its ruling and agreed to rehear the case. In Carpenter v. United States, the Supreme Court held that law enforcement must obtain a search warrant supported by probable cause to obtain cell-site location information associated with a suspect's cell phone, extending the expectation of privacy in one's physical location and movements.
At the state level, there are varying laws regarding GPS tracking. For example, Connecticut law requires getting consent from people before tracking them, while Delaware law states that it is illegal to install GPS trackers on vehicles without the owner's consent. In Alaska, it is advised to get consent for real-time GPS tracking, and law enforcement must obtain a probable-cause warrant. In Arizona, there are no anti-tracking laws, but tracking an individual for 12 hours or longer without their consent could be considered a misdemeanor under the state's anti-stalking law. In Hawaii, law enforcement should obtain a court order before tracking people with GPS, and in Kentucky, law enforcement can use electronic tracking to collect evidence as long as it does not violate any other state or federal laws.
The Geolocation Privacy and Surveillance Act seeks to establish clear guidelines for when and how geolocation information can be accessed and used by government agencies, commercial entities, and private citizens. The bill would create a process for government agencies to obtain probable cause warrants for geolocation information, similar to the process for wiretaps and other types of electronic surveillance.
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Frequently asked questions
Yes, law enforcement can and does use GPS to track suspects. However, this is subject to constitutional limitations. In 2012, the U.S. Supreme Court ruled that law enforcement must obtain a warrant before physically attaching a GPS tracking device to a suspect's vehicle.
The Fourth Amendment to the U.S. Constitution grants Americans certain privacy rights by protecting them from "unreasonable searches and seizures". This means that a warrantless search is generally unreasonable. Several lawsuits and legislative actions have sought to address the privacy concerns surrounding GPS tracking, but much remains unresolved.
Law enforcement agencies have been found to purchase sensitive cell phone location data from data brokers, such as Fog Data Science. They may also obtain ad IDs from companies like Apple and Google, without a warrant. This data can then be used to track the location history of a suspect's cell phone.
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