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The United States Supreme Court, an institution steeped in tradition, steps into the turbulent world of new technology on Tuesday. At issue before the Court is whether police must get a warrant from a judge before they can attach a GPS tracking device to a car so they can monitor a suspect's every movement for an indefinite period of time.
...The government appealed to the U.S. Supreme Court, contending that no warrant is required when a car is on public roads. And the Supreme Court hears arguments Tuesday in the case.
...So why not get a warrant first? Because to get a warrant, police have to show they have probable cause to believe a crime is occurring or has occurred. And the government says that GPS tracking is particularly useful at the early stages of an investigation — before probable cause can be established.
While today's case involves GPS devices, it could have enormous repercussions for other devices in the information age. What about cameras that photograph people on the public streets? What about cell phones that can be tracked whenever they are on?
Defense attorney Dellinger maintains those are different: the cameras are stationary, and the cell phones can be turned off.
...Chief Judge Alex Kozinski, a native of Communist Romania who immigrated to the United States with his parents in 1962 when he was twelve, dissented. "There is something creepy and un-American about such clandestine and underhanded behavior," he wrote of the warrantless placing of GPS tracking devices.
"To those of us who have lived under a totalitarian regime, there is an eerie feeling of déjà vu."