The United States Supreme Court will hear arguments on November 8 to determine whether the warrantless use of a GPS tracking device by the police violates the Fourth Amendment. EPIC filed a "friend of the court" brief in US v. Jones, urging the Supreme Court to uphold robust Fourth Amendment protections. Along with 30 legal and technical experts, EPIC argued that 24-hour GPS surveillance by law enforcement constitutes a "search" under the Fourth Amendment and requires judicial oversight. Arguing in support of a lower court decision, EPIC warned that, "it is critical that police access to GPS tracking be subject to a warrant requirement." The Supreme Court will consider both whether persistent GPS tracking constitutes a "search" and also whether the installation of a GPS tracking device on a private vehicle is a "seizure." For more information, see EPIC: US v. Jones, and EPIC: Location Privacy.
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by Ryan Calo, A. Michael Froomkin,