Saturday, January 28, 2012

Big Brother is...tracking?


Antoine Jones owed a nightclub in Washington DC, and was suspected of selling cocaine.   The New York Times reports, the police installed a Global Positioning System (GPS) on his vehicle (without a valid warrant), and then tracked his movements for almost a month.  After the police had enough evidence, they arrested Mr. Jones. He was convicted on conspiring to sell cocaine and sentenced to life in prison.

Jones’s case was appealed and was overturned by the United States Court of Appeals for the District of Columbia Circuit.  They thought that the information the police had collected using the GPS without a warrant violated the Fourth Amendment.

The Fourth Amendment, according to Legal Information Institute describes, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

This case went to the Supreme Court on November 8, 2011 and was decided last Monday on January 23, 2012.  The Supreme Court ruled 5-4 that the police violated the Constitution when they installed a GPS in Mr. Jones’s car and tracked him for 28 days without a warrant.  Supreme Court Justice, Antonin Scalia, justifies his ruling by saying, “…the governments installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search’…The government physically occupied private property for the purpose of obtaining information.”

This ruling is going to have a huge impact on policing.  Anytime the police want to track a suspect using a Global Positioning Device, they will have to obtain a search warrant before they can track them.  The majority of justices on this issue also believe the way in which the government obtains video surveillance from public places, roadside assistance devices, and location data from cell phone towers is unsettling.

In my opinion, the Supreme Courts ruling on the United States v. Jones case is the correct ruling.  The Fourth Amendment is in place to ensure our privacy from the government, and not have them do unreasonable search and seizures of our private property without a warrant.  Mr. Jones’s car was his private property.  The police put a tracking device on his car (private property) and “searched” his whereabouts without a warrant.  Clearly violating the Fourth Amendment.

True, the police fulfilled their duties on catching, collecting evidence against Jones, and protecting the public from a drug dealer, but they did it unlawfully.  The police should have found probably cause and attained a search warrant before placing the GPS on Mr. Jones’s car and tracking him.

If you aren’t against the government tracking a suspect’s vehicle, here is another scenario for you.  If the police suspect you for illegally downloading movies, songs, information, etc., would you like it if the government looked through all of the Web sites you have visited in the last year?  Even if you hadn’t done anything wrong?  Supreme Justice Sotomayor says that people would not want the government to see that sort of information because it is an invasion of their privacy.  Just like it is to have the government track your car without a warrant.  

2 comments:

  1. I completely agree that this is an invasion of privacy. I would not want the government following my whereabouts without me knowing about it. Personally, if the government invaded my own space without my knowledge, I would be furious. I am glad the Supreme Court made the right decision in this man's case. Yes he did break the law with cocaine, but that does not give the government the right to do such a thing. Warrants are in place for a reason. Just because the government is "the government" it doesn't mean they can throw out their own rules. The Fourth Amendment was put in place for this particular example and it should be followed by the government.

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  2. Even though the police stopped a man from illegally selling drugs and protecting the public, the fourth amendment was not followed or enforced. We as U.S. citizens are protected by the fourth amendment and to have an invasion of privacy without probably cause or a warrant by the government should not happen. There were other ways to catch this man then placing a GPS in his car unlawfully without a warrant. If the government was allowed to search or track websites, phone conversations, cars, or anything else they wanted without probably cause or warrant, the people would have no privacy. I agree with the decision from the Supreme Court that the GPS was an invasion of privacy. The only positive I see in this scenario is that the police stopped this man from illegal actions but I believe the government went about it the wrong way. Any time the police want to track a car using a GPS they have to have a warrant, as it should be.

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