Although the US Supreme Court is expected to settle the issue of GPS tracking of motorists soon, a three-judge panel of the Ohio Court of Appeals, Fifth District ruled 2-1 earlier this month against the warrantless use of the technology. The majority's decision was likely designed to influence the deliberations of the higher courts. On November 8, the US Supreme Court will hear oral arguments in the GPS case US v. Jones. The Ohio Supreme Court is also considering Ohio v. Johnson in which the Twelfth District appellate court upheld warrantless spying.
The present case began on January 14, 2010, when Franklin County Sheriff's Department Corporal Richard Minerd's investigation of a burglary brought him to a white Honda Civic in an apartment complex. Minerd slapped a battery-powered GPS tracking unit under the bumper that allowed real-time tracking of the vehicle's location, speed and direction of travel. Minerd did not seek a search warrant before acting.
Nine days later, the Civic appeared at the location of a robbery, and Minerd was able to follow the car back to the home of David L. White, who was caught with the stolen property. The Fifth District considered the question of whether it is ever acceptable for government agents to attach such devices to privately owned vehicles without a warrant. (more)
Note: This case affects law enforcement use, not use by private citizens.
