GPS Tracking Legislation

Although there are a number of national associations monitoring the GPS tracking issue, only ISPLA has been actively lobbying GPS legislation, which affects a segment of investigative and security professionals. In fact, one investigative professional association group views our opposing such bills as a "Quixotic" effort. However, ISPLA has successfully lobbied to legalize such investigative techniques before state legislatures. We will take the same measured approach at the federal level, although we admit it will not be easy to achieve similar results. We welcome support from our individual colleagues - by joining ISPLA -- and if possible, financially supporting our efforts.

The U.S. Supreme Court has agreed to rule whether or not police need a warrant to use the Global Positioning System to track the movements of suspects. DOJ will argue a warrant is not needed even if future "scientific enhancements" or an aggregation of devices is used. But the question will be "Can law enforcement use the technology without a warrant in a constitutional way?"

This morning's U. S. Supreme Court order (PDF) agreeing to hear the case asks lawyers on both sides to address the question: "Whether the government violated respondent's Fourth Amendment rights by installing the GPS tracking device on his vehicle without a valid warrant and without his consent." Two U.S. Supreme Court cases decided decades ago (U.S. v. Knotts and U.S. v. Karo) held that police need not obtain court approval to track suspects through a crude radio beeper.

"This (Supreme) Court has held (in Knotts) that a 'search' within the meaning of the Fourth Amendment occurs only where a 'legitimate expectation of privacy' has been invaded by government action. ... As a result, what someone 'knowingly exposes to the public is not a subject of Fourth Amendment protection.'"

ISPLA's hope is that the government's position prevails before the Supreme Court. Should it rule that a warrant is necessary, then it is unlikely we can make our case before Congress for an exception for use of GPS tracking devices in conducting lawful investigations.

Read more:
http://news.cnet.com/8301-31921_3-20074701-281/supreme-court-will-set-rules-
for-warrantless-gps-tracking/#ixzz1QVMxo6TR

To join and support the good work of ISPLA please visit www.ISPLA.org

Bruce Hulme, ISPLA Director of Government Affairs
Your Proactive Voice from State Capitols to the Nation's Capitol