The fourth amendment guarantees Americans the right to privacy and protects them against unreasonable searches and seizures of information. However, in a new age of expanding technology questions are being raised about the use of cell phone and GPS data by police when it comes to the fourth amendment.
Lately, concerns have been raised over the use of tracking services via cell phone providers. Police departments are using cell phone service providers track calls, texts and even monitor a user’s location without a warrant. Some agencies also use GPS data to track a person’s or vehicle’s location and travel patterns. Because these technologies and their use in police work are so new and unexplored, the legal consequences of these actions is still unclear.
The U.S. Supreme Court recently ruled on a case where the FBI used a suspected drug dealer’s GPS to track him for a period of 4 weeks. The FBI claimed they were only using data from when the suspect traveled on public streets however; the court felt that their ability to be able to track the suspect 24- hours a day in a private home violated the fourth amendment.
On the other hand, some governmental agencies are defending their actions using cell phone and GPS data without a warrant as justifiable under section 215 of the PATRIOT Act.
While hard and fast rules about this type of surveillance are still in a gray area, that doesn’t mean you have to give up your rights. If you have questions about whether or not your fourth amendment rights have been violated, a criminal lawyer can help.
Contacting a Criminal Lawyer in Miami
If you are facing criminal charges in Miami, your legal team is your best defense. The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between jail time and getting on with your life. Contact the Miami criminal defense attorney team at Falk & Ross to discuss your case – 1-877-663-5110.