The U.S. Supreme Court issued a ruling yesterday strongly stating that government use of a GPS device without a warrant constitutes an illegal search. Even though the justices were divided on the rationale for and implications of their decision, the 9-0 vote suggests that future cases involving government gathering of data via electronic or digital sources will be met with skepticism.
U.S. v. Jones concerns an investigation by local Washington, D.C., law enforcement and the FBI of Antoine Jones, who was suspected of being involved in drug trafficking. As part of the surveillance, a GPS device was attached to Jones's car for a month without first obtaining a search warrant from a judge. Because of the data obtained from tracking device and other information gathered during the investigation, Jones was arrested, eventually convicted, and given a life sentence.
Jones's appeal challenged the government's warrantless use of the GPS device, claiming that it constituted an unreasonable search and thus violated the Fourth Amendment. An appellate court agreed with him and overturned his conviction. The Supreme Court heard arguments in the case last fall.
Though the Court unanimously sided with Jones, it split into two groups that used different rationales for overturning his conviction. The majority opinion, authored by Justice Antonin Scalia, focused on the "physical intrusion" that resulted from the placement of the GPS unit on Jones's vehicle. The Fourth Amendment, the majority said, protects people's property from trespass by government. Attachment of the GPS device constituted a trespass and therefore a search, which requires a warrant. Since the police failed to obtain a warrant, the evidence obtained should have been suppressed at trial. The minority opinion, authored by Justice Samuel Alioto went further, stating that the gathering of information via the GPS unit constituted a violation of privacy.
This decision, and the various arguments offered by the justices, will have ramifications for future cases that involve other electronic data and communication, such as email, texts, and records of cell phone location and website traffic.
