Posted on 10/22/2013 1:24:38 PM PDT by jazusamo
A federal appeals court ruled Tuesday that police need a warrant based on probable cause to attach a GPS device to a suspect's car.
The Supreme Court ruled last year that attaching a GPS device to a car qualifies as a "search" under the Fourth Amendment, but the justices stopped short of declaring that police need a warrant.
The Third Circuit Court of Appeals held Tuesday in a two-to-one decision that attaching a GPS device to a car without a warrant is an "unreasonable search," and therefore unconstitutional.
The decision involved a man, Harry Katzin, who was under suspicion of robbing a string of pharmacies in Delaware, Maryland and New Jersey. Without a warrant, the FBI attached a GPS device to the underside of Katzin's van in 2010. After tracking his movements for several days, the police arrested Katzin and his brothers, and seized evidence.
The court rejected a series of arguments by the government that the GPS tracking should fall under established exceptions to the warrant requirement, and threw out any evidence collected as result of the GPS device.
"Today's decision is a victory for all Americans because it ensures that the police cannot use powerful tracking technology without court supervision and a good reason to believe it will turn up evidence of wrongdoing," said American Civil Liberties Union Staff Attorney Catherine Crump, who argued the case before the court. "These protections are important because where people go reveals a great deal about them, from who their friends and business associates are to what doctors they go to."
In a dissent, Judge Franklin Van Antwerpen agreed that police need a warrant to install a GPS device, but he argued that the court should have allowed the evidence to be used against Katzin in court.
Is a warrant needed when a democrat operative uses his work-related access to snoop for personal information about political enemies?

We don't need no steenking warrants!.....
All of this ignored by Team BO as the 4th amendment is regularly trashed via the NSA and IRS.
The Clown doesn’t even follow his own law, giving breaks to friends and Federal employees in health care, ignoring immigration law, and telling colleges to ignore SCOTUS regarding affirmative action.
And the media plays along.
The GPS is already attached to many new cars, and they have your cell phone they can track. Why bother to place a device on a car.
They can’t find the right house before busting down the front door and firing madly so who knows who’s car they’ll be sticking these on. Of course, they won’t purge the info they got off the wrong car but use it later to trump up charges against that person.
Ugh! I agree with the ACLU. Get hot water! Get some disinfectant! Get some iodine!
Exactly, that’s 0bummerlaw. He and his lapdogs go by what he says the law is and the enemedia supports them.
I hear you and hate it when I have to agree with them.
Does that mean they also need a warrant to track your cellphone? (Please don’t remove your battery, suckers).
duh....
I disabled the GPS on my tablet.
They could have just killed his dog. That appears to always be lawful.
You think you disabled the GPS.
This IS a setback for the storm troopers but they can still use “Stingray” and its many other variants. Google it.
The unit is now MUUUCH smaller, can be in a small backpack, etc.
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