Some law enforcement agencies across the country are conducting surveillance of citizens by tracking cell phones without probable cause and without judicial approval. Others are instructing officers to hide their cell phone surveillance practices from the courts. Although some law enforcement agencies seek judicial approval to conduct such surveillance, the federal government needs to step in to assure Americans’ privacy against warrantless intrusion.
The Attorney General should order all federal law enforcement to interpret U.S. v. Jones to require law enforcement agents to secure a warrant based upon probable cause before obtaining all types of geo-locational information including through GPS or cell phone tracking, and the president should endorse the Geolocational Privacy and Surveillance Act (“GPS Act”) in Congress.
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