A warrant is required for police to use a global positioning system (GPS) tracking device on a suspect’s vehicle, according to a ruling this week from the Washington Supreme Court.
The Supreme Court disagreed with a previous finding by the Court of Appeals that warrants were not necessary to authorize the use of a GPS device on a private vehicle. The Supreme Court’s decision was based on article I, section 7 of the Washington State Constitution which holds “no person shall be disturbed in his private affairs, or his home invaded, without authority of law.”
The ruling came in regard to an appeal by a man convicted of murdering his daughter. The conviction was based partly on evidence police gathered after attaching a GPS device to his vehicle, for which they had obtained a warrant. The GPS device enabled police to locate the body of the girl after the man drove to the site.
The guilty verdict was appealed for several reasons, including that the warrant issued for the GPS device was not supported by probable cause. The Court of Appeals then concluded that warrants are not necessary to authorize the use of a GPS device on a private vehicle, and so it was not necessary to decide whether their issuance was supported by probable cause. The Supreme Court unanimously decided the Court of Appeals erred in that decision under article I, section 7 of the state constitution.
“If police are not required to obtain a warrant under article I, section 7 before attaching a GPS device to a citizen’s vehicle, then there is no limitation on the state’s use of these devices on any person’s vehicle, whether criminal activity is suspected or not,” wrote Justice Barbara Madsen in the court’s decision.
