WASHINGTON, Jan 23 (Reuters) - The U.S. Supreme Court ruled on Monday that police cannot put a GPS device on a
suspect's car to track his movements without a warrant, a test
case that upholds basic privacy rights in the face of new
surveillance technology.
The high court ruling was a defeat for the Obama
administration, which had argued that a warrant was not required
to use global positioning system devices to monitor a vehicle on
public streets.
The justices unanimously upheld a precedent-setting ruling
by an appeals court that the police must first obtain a warrant
to use a GPS device for an extended period of time to covertly
follow a suspect.
The high court ruled that placement of a device on a vehicle
and using it to monitor the vehicle's movements was covered by
constitutional protections against unreasonable searches and
seizures of evidence.
There are no precise statistics on how often police in the
United States use GPS tracking in criminal investigations. But
the Obama administration told the court last year it was used
sparingly by federal law enforcement officials.
The American Civil Liberties Union rights group hailed the
ruling as an important victory for privacy. "While this case
turned on the fact that the government physically placed a GPS
device on the defendant's car, the implications are much
broader," Steven Shapiro of the ACLU said.
"A majority of the court acknowledged that advancing
technology, like cell phone tracking, gives the government
unprecedented ability to collect, store, and analyze an enormous
amount of information about our private lives," he said.
SUSPECTED DRUG TRAFFICKER
The case began in 2005 when police officers went to a public
parking lot in Maryland and secretly installed a GPS device on a
Jeep Grand Cherokee used by a Washington, D.C. nightclub owner,
Antoine Jones.
Jones was suspected of drug trafficking and the police
tracked his movements for a month. The resulting evidence played
a key role in his conviction for conspiring to distribute
cocaine.
The appeals court had thrown out Jones's conviction and his
life-in-prison sentence, and ruled prolonged electronic
monitoring of the vehicle amounted to a search.
All nine justices agreed in upholding the appeals court
decision, but at least four justices would have gone even
further in finding fault not only with the attachment of the
device, but also with the lengthy monitoring.
In summarizing the court's majority opinion from the bench,
Justice Antonin Scalia said attachment of the device by the
police was a trespass and an improper intrusion of the kind that
would have been considered a search when the Constitution was
adopted some 220 years ago.
The administration argued that even if it were a search, it
was lawful and reasonable under the Constitution. Scalia said
his opinion did not decide that issue and some more difficult
problems that may emerge in a future case, such as a six-month
monitoring of a suspected terrorist.
Joining Scalia's opinion were Chief Justice John Roberts and
Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor.
Sotomayor wrote separately to say the case raised difficult
questions about individual privacy expectations in a digital
age, but said the case could be decided on narrower grounds over
the physical intrusion in attaching the device.
LONG-TERM MONITORING
Justice Samuel Alito wrote a separate opinion that Justices
Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan joined. He
wrote that he would have decided the case by holding that
Jones's reasonable privacy expectations were violated by
long-term monitoring of his vehicle's movements.
Alito said in recent years many new devices have emerged
that track a person's movements, including video surveillance in
some cities, automatic toll collection systems on roads, devices
on cars that disclose their location, cell phones and other
wireless devices.
"The availability and use of these and other new devices
will continue to shape the average person's expectations about
the privacy of his or her daily movements," he wrote.
One law professor said those four justices were clearly
concerned about the potential impact of new technologies and
believed extended monitoring likely required a warrant so law
enforcement should "be on the safe side and get a warrant."
"This is an indication that there are justices who are
recognizing that privacy norms are shifting but the fact that
people's lives take place increasingly online does not mean that
society has decided that there's no such thing as privacy
anymore," said Joel Reidenberg, a law professor at Fordham
University in New York.
The Supreme Court case is United States v. Antoine Jones,
No. 10-1259.
For the U.S.: Donald Verrilli Jr, Solicitor General of the
United States.
For Jones: Stephen Leckar of Shainis & Peltzman Chartered.
(Reporting by James Vicini)
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