U.S. Supreme Court: GPS Trackers Are a Form of Search and Seizure
When the government places a location monitor on you or your stuff, it could be violating the Fourth Amendment.
If the government puts a GPS tracker on you, your car, or any of your personal effects, it counts as a searchand is therefore protected by the Fourth Amendment.
The Supreme Court clarified and affirmed that law on Monday, when it ruled on Torrey Dale Grady v. North Carolina, before sending the case back to that states high court. The Courts short but unanimous opinion helps make sense of how the Fourth Amendment, which protects against unreasonable search and seizure, interacts with the expanding technological powers of the U.S. government.
It doesnt matter what the context is, and it doesnt matter whether its a car or a person. Putting that tracking device on a car or a person is a search, said Jennifer Lynch, a senior staff attorney at the Electronic Freedom Foundation (EFF).
In this case, that context was punishment. Grady was twice convicted as a sex offender. In 2013, North Carolina ordered that, as a recidivist, he had to wear a GPS monitor at all times so that his location could be monitored. He challenged the court, saying that the tracking device qualified as an unreasonable search.
North Carolinas highest court at first ruled that the tracker was no search at all. Its that decision that the Supreme Court took aim at today, quoting the states rationale and snarking:
The only theory we discern [] is that the States system of nonconsensual satellite-based monitoring does not entail a search within the meaning of the Fourth Amendment. That theory is inconsistent with this Courts precedents.
Then it lists a series of Supreme Court precedents.
And there are a few, as the Court has considered the Fourth Amendment quite a bit recently. In 2012, it ruled that placing a GPS tracker on a suspects car, without a warrant, counted as an unreasonable search. The following year, it said that using drug-sniffing dogs around a suspects front porchwithout a warrant and without their consentwas also unreasonable, as it trespassed onto a persons property to gain information about them.
Both of those cases involved suspects, but the ruling Monday made clear that it extends to those convicted of crimes, too.
More here:
U.S. Supreme Court: GPS Trackers Are a Form of Search and Seizure
- ICE Administrative Warrants and the Fourth Amendment: A Response to the DHS General Counsel - Just Security - February 22nd, 2026 [February 22nd, 2026]
- Administrative Warrants, Immigration Arrests, and the Fourth Amendment - Cato Institute - February 22nd, 2026 [February 22nd, 2026]
- Federal judge in WV rules that masked ICE agents violate the Fourth Amendment - The Real WV - February 22nd, 2026 [February 22nd, 2026]
- Op-Ed | The Trump administration has turned the Fourth Amendment on its head - amNewYork - February 22nd, 2026 [February 22nd, 2026]
- Do Construction Workers Have Fourth Amendment Rights? A Federal Court Will Decide. - Reason Magazine - February 14th, 2026 [February 14th, 2026]
- DHS makes a mockery of the Fourth Amendment | Guest Column - Iowa City Press-Citizen - February 14th, 2026 [February 14th, 2026]
- Democrats want ICE to comply with the Fourth Amendment. Right-wing media are trying to muddy the waters. - Media Matters for America - February 9th, 2026 [February 9th, 2026]
- Fourth Amendment questions we should all be asking - WyomingNews.com - February 9th, 2026 [February 9th, 2026]
- Feds Are Stealthily Violating Millions of Americans Fourth Amendment Rights - New Civil Liberties Alliance - February 9th, 2026 [February 9th, 2026]
- Half the Answer #63: SCOTUS, the Fourth Amendment, and the Resistance - liberalcurrents.com - February 9th, 2026 [February 9th, 2026]
- Have we kissed the Fourth Amendment goodbye? - The Hill - January 30th, 2026 [January 30th, 2026]
- Maryland man argues arrest using cellphone tracking device violates the Fourth Amendment - Courthouse News - January 30th, 2026 [January 30th, 2026]
- Supreme Court agrees to hear a Fourth Amendment case regarding geofence warrants - Brookings - January 30th, 2026 [January 30th, 2026]
- ICEs Actions Are Gutting the Fourth Amendment - Bloomberg.com - January 30th, 2026 [January 30th, 2026]
- ICE and CBP are slicing the Fourth Amendment - Washington Examiner - January 30th, 2026 [January 30th, 2026]
- Sean Hannity argues with radio caller concerned ICE may be delving into some things that could be against the Fourth Amendment - Media Matters for... - January 18th, 2026 [January 18th, 2026]
- Howey: Putting on a show, at the expense of the Fourth Amendment - The Herald-Times - January 16th, 2026 [January 16th, 2026]
- Case v. Montana and the General Law Approach to the Fourth Amendment - Divided Argument | Substack - January 16th, 2026 [January 16th, 2026]
- Op-Ed | Abducting a despot: When U.S. justice leaves the Fourth Amendment behind amNewYork - amNewYork - January 11th, 2026 [January 11th, 2026]
- Fourth Amendment Tested As ICE Plans Door-To-Door Enforcement - International Business Times UK - January 11th, 2026 [January 11th, 2026]
- Opinion | Flock data collection violates the Fourth Amendment - The Durango Herald - December 31st, 2025 [December 31st, 2025]
- The Fourth Amendment's Erratic Year at the Supreme Court - Reason Magazine - December 27th, 2025 [December 27th, 2025]
- JoCo supervisors hear from public about Fourth Amendment protections - The Daily Iowan - December 14th, 2025 [December 14th, 2025]
- Fourth Amendment rights should not depend on your proximity to the border - Pacific Legal Foundation - December 14th, 2025 [December 14th, 2025]
- Duke students and faculty push the university to become a fourth amendment campus as ICE presence grows - Times of India - December 10th, 2025 [December 10th, 2025]
- FPUA OKs fourth amendment for island-to-mainland wastewater shift - Hometown News Treasure Coast - November 30th, 2025 [November 30th, 2025]
- Biometric Surveillance and the Fourth Amendment - Law.com - November 28th, 2025 [November 28th, 2025]
- Collateral Damage, Episode Five: What Fourth Amendment? - The Intercept - November 7th, 2025 [November 7th, 2025]
- Does the Fourth Amendment Really Protect People of Color? - EBONY Magazine - November 7th, 2025 [November 7th, 2025]
- Too poor for privacy? People v. Maki and the tent as a Fourth Amendment frontier - Daily Journal - October 28th, 2025 [October 28th, 2025]
- Traffic Stops, Terry Stops, Policing, the Fourth Amendment, and Your Rights - Legal Talk Network - October 24th, 2025 [October 24th, 2025]
- There goes the fourth amendment - The Tartan - October 24th, 2025 [October 24th, 2025]
- Hoover Webinar with Orin Kerr on His "The Digital Fourth Amendment" - Reason Magazine - October 21st, 2025 [October 21st, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - Live 5 News - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WLBT - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WIS News 10 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WDTV 5 - October 19th, 2025 [October 19th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - localnewslive.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox10tv.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox8live.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
- Opinion | To the Fourth Amendment: You Were Great While We Knew You - Common Dreams - October 13th, 2025 [October 13th, 2025]
- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
- The Fourth Amendment and Immigration Raids: Whats the Law After The Supreme Courts Shadow Docket Ruling? - Stanford Law School - September 25th, 2025 [September 25th, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years -... - September 19th, 2025 [September 19th, 2025]
- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
- Port: We do not have Fourth Amendment rights if the government can punish us for exercising them - InForum - September 11th, 2025 [September 11th, 2025]
- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
- Prof Brandon Garrett reviews Orin Kerrs The Digital Fourth Amendment Lawfire - Sites@Duke Express - September 6th, 2025 [September 6th, 2025]
- Short Circuit 389 | On Walden Fourth Amendment - The Institute for Justice - August 18th, 2025 [August 18th, 2025]
- Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens - Reason Magazine - August 6th, 2025 [August 6th, 2025]
- 'The Fourth Amendment is nothing new': Judge torches Trump admin for using 'apparent race or ethnicity' to conduct immigration raids in California,... - July 14th, 2025 [July 14th, 2025]
- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
- Examining the Fourth Amendment in a digital world - FOX 5 DC - March 9th, 2025 [March 9th, 2025]
- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]
- The Why Behind the Fourth Amendment Makes One Appreciate the Need, by Matthew Mangino - Creators Syndicate - February 25th, 2025 [February 25th, 2025]
- City of La Crosse settles lawsuit involving three police officers over alleged Fourth Amendment violation - News8000.com - WKBT - February 25th, 2025 [February 25th, 2025]
- Loopholes, DNA Collection and Tech: Does Your Consent as a User of a Genealogy Website Override Another Persons Fourth Amendment Right? - Law.com - February 5th, 2025 [February 5th, 2025]
- Daytona Beachs AI surveillance threatens Fourth Amendment rights - The West Volusia Beacon - February 1st, 2025 [February 1st, 2025]
- Oswego Village Board approves fourth amendment to Reserve at Hudson Crossing redevelopment agreement, second building set for construction in the... - January 27th, 2025 [January 27th, 2025]
- US DOJ Report on Mt. Vernon Police Department Finds highly intrusive strip searches were a gross violation of the Fourth Amendment on an enormous... - December 25th, 2024 [December 25th, 2024]