U.S. Supreme Court Discusses GPS Tracking

by: Matt Newburg

04/06/2015 11:41 AM EST
Tags:
  criminal  
  criminal law  
  csc  
  sex offenses  

In a unanimous decision from the United States Supreme Court, the nation's highest court has addressed whether liftime electronic monitoring of an individual convicted of committing crimes of a sexual nature is a violation of the fourth amendment.  In Grady v North Carolina, Mr. Grady was ordered by a North Carolina Court to wear a GPS tether to monitor his locations while on probation for his convictions.  Mr. Grady objected to the condition that he wear the tether citing fourth amendment grounds for his objection.  The United States Supreme Court agreed. 

Citing United States v Jones--a case that determined attaching a GPS tracking device to a vehicle was a violation of the 4th amendment, the US Siupreme Court indicated that attaching a GPS tether to an individual was also a search of a person thus invoking their 4th amendment right to be free from unreasonable search and seizure.  The US Supreme Court vacated the North Carolina Judgment and, instead, required North Carolina to articulate why the attachment of a GPS tether to an individual is reasonable thus, meeting the standard of the 4th amendment.

Back