Warrantless Use of GPS

The Problem of Warrantless GPS Surveillance: Ethical Considerations Regarding Privacy and the Fourth Amendment

The Fourth Amendment protects citizens from unlawful search and seizure by granting them the right "to be secure in their persons, houses, papers, and effects" (U.S. Const. Amend IV). As the case of Burdeau v. McDowell (1921) showed, this Amendment has been interpreted as a protection of individuals from government intrusion. However, with the advent of global positioning systems (GPS), the question of individual security in the face of an encroaching and growingly intrusive government has become more and more of an issue. Physical searches have been in some cases by non-physical monitoring. GPS devices have been used by federal agencies to track suspects; they have been used as a means of gaining evidence of criminal activity; they have played a major role in FBI surveillance; their warrantless usage muddies ethical boundaries,...
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