The government is free to attach a GPS device to the car of any American and record that person’s public movements for a month or more without a warrant or suspicion of wrongdoing, a government lawyer told the Supreme Court on Tuesday.
Even the nine justices.
“You could tomorrow decide that you put a GPS device on every one of our cars, follow us for a month. No problem under the Constitution?” asked Chief Justice John G. Roberts Jr.
It is allowed under the court’s own precedents, replied Deputy Solicitor General Michael R. Dreeben, and is no different than if the FBI “put its team of surveillance agents around the clock on any individual and follow that individual’s movements as they went around on the public streets.”