When the Fourth Amendment was written, surveillance was rooted in our five senses and enhanced by uncomplicated aids like the spyglass. The advent of the global positioning system (GPS) and similar technologies has empowered government to observe the movements of its citizens across the latticework of time and space. Yet, along with every advancement in technology is the recognition that the concept of privacy enshrined in the federal and state constitutions cannot remain static.
A small body of precedent has interdicted warrantless GPS surveillance on state constitutional grounds, while courts relying on the Fourth Amendment have held that no search occurs.1
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