January 01, 2012

Challenging the (Un)Constitutionality of Governmental GPS Surveillance

Lenese C. Herbert

Criminal defense attorneys, individual rights advocates, judges, and even prosecutors must understand that the government’s use of global positioning system (GPS) surveillance in criminal cases presents potentially complex constitutional issues for the accused, the defense bar, the bench, and society. This article focuses on the recent and divergent federal and state decisions regarding whether the government may constitutionally initiate 24-hour surveillance of anyone, anywhere, without judicial guidance, oversight, or scrutiny.

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