Supreme Court Holds that Installing GPS Tracker on Vehicle Is a Search

Robert Chesney
Monday, January 23, 2012, 3:38 PM
[Update: I've revised the text here to show that the Court did not actually say a warrant is always required in such cases] What a day.  Now we have a Supreme Court decision (United States v.

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[Update: I've revised the text here to show that the Court did not actually say a warrant is always required in such cases] What a day.  Now we have a Supreme Court decision (United States v. Jones) holding that when the government installs a GPS tracker on a car, it is a search within the meaning of the Constitution (on the theory that the Fourth Amendment requires a warrant not only in scenarios involving a reasonable expectation of privacy, but also where a search involves a "trespass upon the areas ('persons, houses, papers, and effects')" that the Fourth Amendment enumerates--and that this was in substance a search of an effect).  That ended the matter in this instance, since the government had waived the argument that in this context the search was a reasonable one even absent a warrant. Note that the case involved a criminal narcotics investigation.

Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.

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