The Supreme Court today ruled that attaching a GPS device to a suspect's car in the absence of a search warrant was a violation of the Fourth Amendment.  The police have been routinely attaching tracking devices to the cars of suspected criminals.  The police, prior to this decision could attach a device to see if a person met with a child for the purposes of underage sex.  They could obtain a detailed report of movement and then use it as evidence.

Until this decision, the police could also use this device to determine if a registered sex offender traveled within a prohibited area.  The Probation Department already has been using this to track registered sex offenders.  In those cases, the sex offenders are already wearing tracking devices so there is no violation of the law.

The decision today really analyzes the right to privacy as it relates to electronic tracking.  I encourage you to go online and read this landmark decision.  Although to date most of the tracking involves drug or terrorist cases, it can easily be applied to those sex crime cases where tracking devices are used.

Today was a great day for the Fourth Amendment and the right to privacy. If you have questions or want to comment contact us or reply to this blog.  As a criminal defense attorney the right to privacy is paramount.