Victory for individuals
Technological advances have transformed the world, but they have not changed individuals’ constitutional protections against government interference.
The U.S. Supreme Court decision this week was an important victory for all Americans. The unanimous ruling found authorities do not have the right to attach a GPS device to the vehicle of someone suspected of a crime without obtaining a warrant.
The case in question involves the owner of a D.C. nightclub suspected of cocaine trafficking. The police installed a GPS tracking device on his Jeep and monitored him by satellite for four weeks, obtaining evidence that later led to his arrest, trial and conviction. An appeals court overturned the conviction and the Supreme Court affirmed that decision.
Unanimous rulings are unusual in this Supreme Court, which is divided between conservatives and liberals. In this case, all justices reached the same conclusion following different reasoning. They concluded that police action infringes on the Fourth Amendment of the Constitution’s Bill of Rights, which protects people from unreasonable searches and seizures, while at the same time requiring warrants to be supported by probable cause.
This is an important victory in protecting individuals. However, its scope is limited. The high court must still decide on the expectation of privacy regarding warrants in cases involving remote surveillance that do not require the police to install any type of equipment, such as GPS tracking of other devices. The government’s interference with private property-to install the GPS-was the main argument the most conservative justices agreed with.
Technology has raised everyone’s quality of life by improving communication. Advances will continue but, at least for now, this does not give the government the right to change individual freedoms that have existed in the United States for centuries.
Impremedia/La Opinion