Law enforcement use of global positioning (GPS) devices to monitor motor vehicles: Fourth Amendment considerations.

This report discusses the basics of GPS technology, society’s reliance on it, and some of the related legal and privacy implications. In addition, the report examines legislative and judicial responses on both federal and state levels.

As technology continues to advance, what was once thought novel, even a luxury, quickly becomes commonplace, even a necessity. Global Positioning System (GPS) technology is one such example. Generally, GPS is a satellite-based technology that discloses the location of a given object. This technology is used in automobiles and cell phones to provide individual drivers with directional assistance. Just as individuals are finding increasing applications for GPS technology, state and federal governments are as well. State and federal law enforcement use various forms of GPS technology to obtain evidence in criminal investigations. For example, federal prosecutors have used information from cellular phone service providers that allows real-time tracking of the locations of customers’ cellular phones. Title III of the Omnibus Crime Control and Safe Streets Act of 1958 (P.L. 90-351) regulates the interception of wire, oral, and electronic communications. As such, it does not regulate the use of GPS technology affixed to vehicles and is beyond the scope of this report.

February 28, 2011 Report:

Link: http://www.fas.org/sgp/crs/misc/R41663.pdf