The U.S. Supreme Court will soon issue a decision in the GPS tracking case, United States v. Jones. A decision from the Supreme Court permitting the warrantless use of GPS devices by police will not end the conversation, however. State courts, applying state constitutions, may continue to restrict the use of these devices by law enforcement.

The Washington Supreme Court, for example, has held that the Washington Constitution prohibits the installation of a GPS tracking device on a vehicle without a warrant. State v. Jackson, 76 P.3d 217 (Wash. 2003). The Washington Supreme Court said:

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