The American Civil Liberties Union has filed a brief in Delaware Supreme Court that could set precedents on how the modern technology of GPS devices can be used in crime fighting.
A lower court ruled that police could not use Global Positioning Systems (GPS) to track people without a court-approved warrant. The case of Delaware v. Michael D. Holden revolves around a drug suspect who was was tracked using a GPS device for more than 20 days by police without a warrant.
Superior Court Judge Jan R. Jurden's ruling stated that using a GPS device is different than traditional surveillance, and that without some judicial preservation of privacy, citizens could be tracked around the clock. While the court ruling throws out as evidence a duffel bag full of marijuana, the judge ruled on the side of privacy.
The American Civil Liberties Union brief urges the Delaware Supreme Court to uphold a lower court ruling. In the Delaware filing the ACLU notes the U.S. Supreme Court yet to rule on this issue.
The debate begins on GPS technoloy and privacy issues
The ability use information gathered by GPS devices has created heavy debates on privacy. The case of Delaware v. Michael D. Holden may be seen as a precedent in criminal law. Other issues as far as how the information of where you are currently located can be used by the manufacturers of GPS will be another battleground for privacy laws. These debates heat up more as GPS becomes a standard feature in cell phone and smart phone technology.
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