Supreme Court Rules Police Require Warrant to Use GPS

In a unanimous decision, the United States Supreme Court ruled that law enforcement agencies cannot use GPS devices to track individuals without first obtaining a search warrant. The decision, penned by Justice Antonin Scalia, is narrowly drawn and did not decide larger issues of privacy or the use of other technology.

This decision does not directly affect the use of GPS devices by private parties. The case was decided under the constitution's fourth amendment provisions on searches and seizures. The fourth amendment does not affect private parties. It, and other provisions of the bill of rights are intended to restrict only governmental actions.

Nevertheless, this decision could indirectly affect the use of GPS devices by private investigators because it may encourage supporters of pending congressional legislation that would ban the private use of such technology. NCISS is opposing those bills (HR 2168/S 1212). We believe the concerns expressed by the court during oral arguments do not apply to the private use of GPS. During arguments, some justices expressed concern that the technology could be used widely on large numbers of people if warrants were not required. We are pointing out that private investigators only use GPS devices in specific cases and would have no incentive to use such technology on large numbers of people.

The Legislative Committee will continue to oppose efforts to restrict the use of GPS by private investigators.