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.
As the efficacy of environmental laws has waned, so has their durability. What was once a broadly shared goal – protecting Americans from environmental harm – is now a political football, with rules that whipsaw back and forth depending on who’s in charge.
It takes the average person over 9 hours and costs $160 to file taxes each year. IRS Direct File meant it didn’t have to.
It’s paramount to balance both innovation capabilities and risk as we work towards ensuring that the U.S. bioeconomy is a priority area for both the Nation and for National Security.
The Federation of American Scientists supports the Senate version of the Fix Our Forests Act.