Law Enforcement Use of GPS Devices, and More from CRS
When law enforcement agencies use a Global Positioning System device to track the motor vehicle of a potential suspect, is that a “search” that is subject to constitutional protections under the Fourth Amendment? Or is it comparable to visual inspection of public information that enjoys no such protection?
The Supreme Court has not ruled on the subject, and lower courts have issued a range of opinions in different cases, according to a new report (pdf) from the Congressional Research Service that carefully delineated the issues.
“Depending on how one reads the courts’ decisions, one could conclude that there is a split in the courts regarding whether law enforcement must first obtain a warrant before using a GPS device. Conversely, one could also conclude that the courts’ decisions are reconcilable and that the outcomes of the cases are fact-sensitive.”
A copy of the CRS report was obtained by Secrecy News. See “Law Enforcement Use of GPS Devices to Monitor Motor Vehicles: Fourth Amendment Considerations,” February 28, 2011.
Some other new or newly updated CRS products include these (all pdf):
“Mandatory Vaccinations: Precedent and Current Laws,” February 24, 2011.
“The U.S. Postal Service’s Financial Condition: Overview and Issues for Congress,” February 24, 2011.
“War Powers Resolution: Presidential Compliance,” February 3, 2011.
Alexa White’s journey into the world of science policy started back when she was earning her undergraduate degree in biology and chemistry at Howard University.
In the quest for sustainable energy and materials, biomass emerges as a key player, bridging the gap between the energy sector and the burgeoning U.S. and regional bioeconomies.
At the Office of Clean Energy Demonstrations, Dr. Glaser is paving the way for cutting-edge energy storage and battery technologies to scale up.
In the last decade, the U.S. has made significant investments to address the wildfire crisis, including the historic investments in hazardous fuels reduction through the IRA and IIJA.