Although some states allow law enforcement with a warrant to place a GPS on someone’s vehicle (and some states allow law enforcement to do this without a warrant), it can be argued that the placing of a physical object on someone’s property, without their permission or a warrant, violates the Fourth Amendment’s protection against unreasonable search and seizure. We are waiting for a definitive answer from the United States Supreme Court, which will inevitable come in the next few years.

Below are a few links to to a few recent articles on law enforcement attaching GPS’s, as well as an article on Fourth Amendment Rights (to read an article, click on the link):

Recalculating: Tennessee Police Placed GPS Device on Jeep of Alleged “Wooded Rapist” Without a Warrant

Ninth Circuit: The Government Can Use GPS to Track Your Moves Without a Warrant

FindLaw: “Search and Seizure” and the Fourth Amendment

With nearly 30 years in the criminal justice system, Shaun Kaufman has tried over 75 misdemeanor and felony jury trials in Colorado. Call Shaun Kaufman Law 24/7 at 303-309-0430

Thank you to Guns, Gams, and Gumshoes for its permission to share this article.