Modern smartphones have various location-based services and GPS functionalities that log data on where we go. This constant tracking raises significant privacy concerns, particularly if we are worried about law enforcement accessing this data during criminal investigations.
Whether or not police can access and use this data is a complex question. Both federal and New York State laws provide guidelines and restrictions.
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What does the federal law say about the use of GPS data in criminal cases?
Under the United States Constitution, the Fourth Amendment protects citizens from unreasonable searches and seizures. The Supreme Court case, United States v. Jones (2012), established that placing a GPS device on a vehicle and monitoring the vehicle’s movements constitutes a search under the Fourth Amendment. Therefore, law enforcement usually needs a warrant to engage in such tracking.
Although that information helps us to understand how police can use GPS-specific information, the question remains about the use of data on one’s phone. Similar principles apply. This is also a Fourth Amendment question, generally requiring the use of a warrant to access private data on a suspect’s phone, as established in another Supreme Court case, Riley v. California (2014). In this case, the court ruled that searching a phone without a warrant typically violates an individual’s constitutional rights due to the vast amount of personal information phones contain — location being one such piece of data.
It is important to note that there are exceptions to this requirement, such as exigent circumstances where there is an immediate need to prevent harm or destruction of evidence. Additionally, if an individual consents to the search of their device, police can access the data without a warrant. It is helpful to understand these conditions so both law enforcement and citizens ensure that their actions respect legal standards and personal privacy rights.
What about state law?
New York follows similar principles. The New York State Constitution mirrors the Fourth Amendment protections. In New York, law enforcement agencies are generally required to obtain a warrant before using GPS devices to track individuals. This requirement helps protect against undue invasion of privacy.
While the general rule is that a warrant is necessary, much like the above, exceptions exist.
How is location data used?
Location data can serve as an important tool for the prosecution to establish that the owner of the phone was in a specific location at a specific time. When paired with other evidence, this information can also show a connection with others who are facing criminal charges.
Can users protect location privacy?
Protecting location privacy starts with reducing the location data stored on phones. Tips to help achieve this goal can include:
- Check all apps. Some apps track location data. It is possible to limit when this is done by going into the app permission settings and checking the settings for each app. It is generally wise to only use this function when needed. To do this, choose the setting that requires the app to ask permission each time before it begins gathering location data.
- Use ad blockers. Advertising systems can allow third parties to gather location information to provide targeted advertising. Check by going to the privacy settings on the phone and look for settings regarding personalized ads. Shut this functionality off to reduce the risk of sharing location data.
- Check Google account and web browsers. Those who use a Google account should check the location history controls and adjust to limit tracking. It is also wise to choose web browsers carefully. Popular web browsers like Chrome and Safari often save location data while others like Firefox Focus or DuckDuckGo do not.
These are just a few steps to help protect privacy. It is also important to note that unless an exception applies police must have a warrant or consent to search a phone. Anyone asked to provide consent to a search can decline.
Is it possible to challenge location data?
Location data, like most tech, is known to make mistakes. If the prosecution has gathered this evidence and is using it to build a case, it is important to challenge the accuracy of the data. Factors like the presence of large buildings or bad weather can impact accuracy. It is also possible that the phone was in someone else’s possession at the time in question. These defense strategies, along with a review of whether proper protocol was used to gather the data in the first place, can help to challenge or even defeat the charges.
GPS tracking by law enforcement is a powerful tool that comes with significant privacy implications. Under both federal and New York state law, the general principle is that police need a warrant to use your phone’s GPS data for tracking. However, exceptions like exigent circumstances and consent can provide law enforcement with legal access without a warrant. As technology and legal frameworks continue to evolve, staying informed about your rights and circumstances when police may compromise those rights is more important than ever.
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