GPS Tracking

GPS tracking involves the use of a GPS tracking device. This device typically receives position data (lat/long/speed/heading), from the Global Positioning System. This is an arrangement of 24 US military satelites that can precisely locate an individual or object.http://www.wirelessdesignmag.com/ShowPR.aspx?PUBCODE=055&ACCT=0000100&ISSUE=0404&RELTYPE=PR&PRODCODE=00000&PRODLETT=A&CommonCount=0 The device processes the position data and can either store it inside the device for later retrieval or transmits it out via a protocol such as GPRS (a cellular data network, radio or satellite modem that is embedded in the device). A GPS tracking device can be a mobile phone, located in a car, or in something as small as a wrist watch. GPS tracking can be used to find lost or stolen items such as cars, or used to find or track people, such as children, teens, and employees.

The problem of preserving the rights and privacy of an individual have been raised and addressed by several courts and companies. Washington State Supreme Court ruled in 2003 that police must obtain a warrant when seeking to track and individual with GPS and show just cause for asking for it.http://www.wirelessdesignmag.com/ShowPR.aspx?PUBCODE=055&ACCT=0000100&ISSUE=0404&RELTYPE=PR&PRODCODE=00000&PRODLETT=A&CommonCount=0 California defense lawyers asked a judge to dismiss the GPS tracking evidence in the Scott Peterson trial in 2004 by attempting to cast doubt on GPS technology.http://www.wirelessdesignmag.com/ShowPR.aspx?PUBCODE=055&ACCT=0000100&ISSUE=0404&RELTYPE=PR&PRODCODE=00000&PRODLETT=A&CommonCount=0 UPS workers have negotiated their contracts to ensure that GPS would not be used in their evaluations.http://www.wirelessdesignmag.com/ShowPR.aspx?PUBCODE=055&ACCT=0000100&ISSUE=0404&RELTYPE=PR&PRODCODE=00000&PRODLETT=A&CommonCount=0

GPS And The Law

"[Previous cases US v Knotts and US v Karo] teach that, to the extent a tracking device reveals vehicle travel information visible to the general public, and thus obtainable by warrantless visual surveillance, the use of the device does not normally implicate Fourth Amendment protections. It follows that no Fourth Amendment violation occurred here simply because the police used a GPS device to obtain information about Sveum's car that was visible to the general public."—Wisconsin Appellate Courthttp://www.thenewspaper.com/news/27/2770.asp

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