Ride the Lightning
Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.
FBI Turns Off 3000 GPS Tracking Devices
March 7, 2012
It is laudable that the FBI has taken the Supreme Court's decision in U.S. v. Jonesseriously, and now recognizes that law enforcement needs a warrant to place a GPS tracker on a vehicle in order to comply with the Fourth Amendment. I wondered when I penned my earlier post on this subject what the reaction might be.
I was pleased to see that the FBI fairly quickly took action and turned off approximately 3000 GPS trackers, most of them attached to motor vehicles. The ABA Journal also reported that the FBI is developing new guidelines (sorely needed) for the of GPS devices and considering broader implications, including whether an agent can lift a trash can lid without committing a trespass.
Not a detail I would like as an FBI agent, but humorous images aside, I looked it up and apparently previous law has said that if you place the garbage can on a common area (like a sidewalk), it is fair game, but not if it is on your property. Note to self: Have John relocate the trash cans.
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