Secret GPS Tracking

By Virginia Prescott on Thursday, May 14, 2009.

Last week, a District Four Court of Appeals in Wisconsin ruled in favor of defendant Michael Sveum who was followed by a GPS device that police secretly planted on his car. In fact, the court sanctioned law enforcement’s covert use of GPS attached to vehicles to track anybody’s movements without a warrant.

But on Tuesday, the New York State Court of Appeals ruled that the state police violated a different suspect’s rights when it attached a GPS tracker to his van without a warrant. Chris Matyszczyk follows technology, law and society for CNET. We asked him to explain these two very different verdicts on warrantless GPS tracking.

(Photo by Just Us 3 via Flickr/Creative Commons)

CNET: Court says police can use GPS to track anyone

New York Times: Court Strikes Down GPS Tracking Without Warrant

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I think the court got this one right. It's not a violation of the Fourth Amendment because its not necessary to have access inside the vehicle. There is no law that says you can't place something or set something on someone's vehicle.

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