GPS Tracking Devices, Search Warrants, and Your Car
In the case of the United States versus Antoine Jones, the U. S. Supreme Court answered the following question:
Do the police have to get a valid search warrant before they are allowed to put a GPS tracking device on your car and then use that device to monitor the movements of your car?
The answer to this question is Yes! In arriving at this conclusion, the Supreme Court stated that:
- When the police attach a GPS tracking device to your car, they are physically occupying your private property for the purpose of obtaining information about your movements.
- Physically occupying your private property for the purpose of obtaining information about your movements is considered a "search" within the meaning of the Fourth Amendment to the U.S. Constitution.
- Barring certain exceptions, the police have to obtain a valid search warrant before they are allowed to search your private property.
If you were arrested in West Palm Beach, Palm Beach, St. Lucie County, Martin County, Palm Beach County, Broward County, or Miami-Dade County, call me, attorney Ron Chapman, at 561-832-4348 to discuss your case and see how I might be able to help you.
So, the next question is... is it legal for someone to place a GPS tracking device on someone else's car (that they do not own)? I am in the middle obtaining a restraining order against my X and have been a victim of stalking. He admitted to placing a GPS device on my car and admitted to using that device to obtain my whereabouts. Crime?
Attorney Chapman's response:
Possibly the crime of trespass.
does a tracking device warrant count if its under reasonable suspition? or does it hv to be probable cause only to count?
Attorney Chapman's response:
A police officer must have probable cause in order to get a search warrant.
Can an insurance investigator place a GPS on my car to track my whereabouts? I was told that some have done this in the past. I was under the impression that this is a 4th Amendment violation and I also thought you need a court order from Federal Judge to make it legal to do??
Attorney Chapman's response:
Unless the insurance investigator is acting as a government agent, the Fourth Amendment does not apply to his actions.