California Assembly OKs bill banning warrantless smartphone tracking

23.08.2012

Leno's bill is designed to protect against warrantless tracking of an individual's whereabouts using information gathered from GPS-enabled smartphones and other mobile devices.

The legislation would mandate search warrants except in emergencies and certain narrow circumstances. The bill would also limit how long law enforcement personnel can track an individual even with a search warrant.

The Supreme Court made its landmark ruling in January in connection with the case of a man convicted on drug related charges based on evidence gathered by police using GPS technology attached by police to the suspect's car without first obtaining a warrant.

The Supreme Court, by a 9-0 vote, held that the GPS tracking was illegal because it had been conducted without a warrant.

The ruling noted that attaching a GPS device to an individual's vehicle to monitor its movement constitutes an illegal search and seizure under the Fourth Amendment.