Watching without a warrant- exploring the legality of warrant-less GPS tracking in America

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Authors

Qabille, Elias

Issue Date

2011

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Thesis

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en

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Forensic sciences

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Abstract

The use of Global Positioning Systems (GPS) can provide accurate data concerning the specific location in real time of GPS-enabled devices. As such, the technology has been very useful in tracking and performing surveillance of suspects in criminal investigations by law enforcement. However, the legality of methods by which authorities in America employ the use of this technology remains controversial as it may infringe on citizens’ privacy rights as protected under the United States Constitution. Therefore, in some instances the evidence and data collected by warrant-less GPS surveillance used to indict and convict suspects in criminal cases has been deemed inadmissible in certain cases by various courts and judges. However, in other instances data gathered by use of warrant-less GPS surveillance has been admitted as valid evidence, despite the arguable methods of its application. Thus, the following study identifies specific instances and circumstances in which warrant-less GPS surveillance can yield data that is admissible in criminal cases and those when it is not.

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