Delaware Court Strikes Down Warrantless GPS Tracking

The Delaware Superior Court has ruled that police must obtain a warrant before using GPS devices to monitor vehicles. The Court said that the Delaware Constitution protects its citizens' reasonable expectation of privacy from "constant surveillance." "Everyone understands there is a possibility that on any one occasion or even multiple occasions, they may be observed by a member of the public or possibly law enforcement," the Court reasoned, "but there is not such an expectation that an omnipresent force is watching your every move." In a related case, the Massachusetts Supreme Court held that a warrant is required for the use of a GPS tracking device. EPIC filed an amicus brief in that case. For more information, see EPIC: Commonwealth v. Connolly and EPIC: Locational Privacy.


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