Press Releases

Kelsey ‘Pleased’ Warrantless GPS Tracking Found Unconstitutional

Press Release from Sen. Brian Kelsey; Jan. 23, 2012:

Senator Kelsey praises today’s U.S. Supreme Court Ruling protecting citizens’ rights

(NASHVILLE, TN), January 23, 2012 — State Senator Brian Kelsey (R-Germantown) was pleased that today’s U.S. Supreme Court decision in United States v. Jones held that warrantless GPS monitoring of suspects is a violation of the Fourth Amendment of the U.S. Constitution against unreasonable search and seizure. Kelsey announced that he will introduce legislation in the 107th General Assembly to further curtail the use of GPS monitoring by Tennessee law enforcement.

“I am pleased that the Supreme Court has ruled this practice unconstitutional,” said Senator Kelsey. “The Court’s unanimous decision in this case affirms the dangerous infringement on citizens’ rights under our federal Constitution.”

The Supreme Court ruling said that the installation of a GPS tracking device on a vehicle by law enforcement requires a warrant, resolving conflicts among lower courts regarding the matter. Monday’s ruling applies directly to tracking devices that police install on a person’s car or other property. “The government’s physical intrusion on the Jeep for the purpose of obtaining information constitutes a search under the Fourth Amendment’s protection against unreasonable searches and seizures,” said Justice Scalia, who wrote the main opinion for the court.

“We must guard against unchecked government intrusion,” Kelsey continued. “Our Constitution and legislatures must remain vigilant in protecting against such abuse. The Court has ruled appropriately.”

The decision can be found at:

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