E-Commerce Times spoke with Gardere Litigation Partner Peter S. Vogel, chair of Firm’s Internet, eCommerce and Technology Team, about the U.S. Supreme Court’s apparent anxiety over allowing the police and FBI to place GPS tracking devices on vehicles without a warrant or permission. Questions posed by U.S. Supreme Court Justices to attorneys making oral arguments in United States v. Jones suggest the case could have significant implications for search-and-seizure law and police practices.
According to Mr. Vogel, depending on how the Supreme Court words its opinion, this case could reach beyond criminal matters to civil lawsuits. "The Constitution provides protection for the invasion of privacy, but the Supreme Court may rule in such a way that GPS data may no longer be private," Mr. Vogel said, "so that litigants may be able to get evidence about when and where witnesses and parties travel."
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