Court Hears Arguments Over GPS Tracking

Do you have a warrant for that?

Should law enforcement agents have to obtain a warrant based on probable cause to attach a GPS tracker to a vehicle and track its movements? Several months ago we asked the Third Circuit Court of Appeals to consider our argument that they should (you can read our amicus brief here). Today, we will be in court arguing that point in the case of Harry, Mark, and Michael Katzin.

In 2010, hoping to confirm their suspicion that the Katzins had robbed a number of Rite-Aid pharmacies, FBI agents attached a GPS tracker to Harry Katzin's car to track its movements. The agents did not seek a warrant from a judge before attaching the GPS device. They used the tracker to follow the Katzins as they drove to and from another Rite-Aid, and then arrested them shortly afterwards.