The situation as it is right now is that the government can sneak into an individual’s property probably unknown to an individual, put a GPS device on one’s car and keep track of the activities of a person on daily basis. Going by this, we might be persuaded to conclude that the government is in violation of the fourth amendment rights. The reason for this is going by the fact that an individual does not expect any privacy in terms of his/her own operations. In addition, an individual has no reasonable expectation that the government is tracking him/her. However, more and more people are terming this as a totalitarian decision that is in violation of individual rights as stipulated in the constitution.
Global Positioning system (GPS) is a new technology system that the many of the governments are using nowadays in order to track a person’s location. The system is able to pinpoint the exact position that an individual is located anywhere on the globe. The network providers have the ability to track various operations thorough the help of GPS. This is because a single service centre helps in indicating the location of an individual unites most of the cell phones and handheld communication devices. The American constitution is clear under the Fourth Amendment that no one has the right to search someone else property without a court warrant.
The question that depicts from how the GPS operates is what if the government uses the system to track most of the personal belongings like cars, clothes and other private belongings for any reason whatsoever. Most of the people argue that it is not logical for the government to track one’s private life without the knowledge of the concerned person. Use of GPS could implicate the right of citizens to have total privacy of their life and belongings from government officials especially the police. The use of GPS in America results to a heated debate on how the government creates an imbalance in obtaining information through the help of this new system. The argument is also on how the government officials have the right to impose GPS tracking devices on the properties that belong to its citizen’s. Many of the people argued that this is abuse of government power. Others argue that use of GPS is violation of the Fourth Amendment Rights. The right states that the government has no power to impose any tracking device into any of its citizen’s property with a court warrant. The amendment further states that the government has no right to search a citizen’s property and belongings without a court warrant (Goetz 823).
An argument depicts that the use of GPS on tracking various items might cause more harm than good. Some people argue that attaching the device on their personal items and properties like on the cars may lead more acts of crime. This is because not all government officials are loyal and some of them may come back and do harm to a particular citizen after knowing ad examining his or her private life. The use of GPS is against the constitution of the American people. The constitution states that no one has the right and obligation to search and seizure one’s property. In order to track one while using the GPS, one has to impose the device private, for example, under the car. This act is totally prohibited by the American law and there government officials has no right to conduct such a search (SMITH 1243).
Another reason that indicates that the government has no right to follow people while using GPS is that sometimes that information given by the device cannot give the true evidence of the matter. This is because in most of the cases, the device is connected under the vehicle of the suspected person. The device corrects and records information that is said in the vehicle. The device also reports when the vehicle is in motion or when the vehicle is on stationary (Wells 28). However, the main question is what if the car is with another stranger who might be a criminal or a person with questionable character. What if the car is stolen or hijacked by members of a certain gang group, the owner of the vehicle might be in a in a position that is hard to get out of it. This gives the reason why government should not rely on this method of correcting evidence. The argument also gives the reason why the government should not use the use the evidence to prosecute anyone of wrongdoing (Gershman 927).
The Court of Supreme defends the law by arguing that only an amendment on the constitution can alter the decision of the court. Even though the GPS helps in tracking some of the crimes, the government should not forget that it imposed the law to be respected by the citizens. Therefore, the same government should not be in the front line in leading the citizens not to respect the same law (Jørund etal, 12). The GPS should not be used without a court warrant in order to show that the government respects the right of all the citizens. Moreover, the government has other techniques that it imposes when it requires to get evidence of a certain issue. There the government should not use GPS as a method of finding evidence because the system is against the rights entitled in the American constitution. Some people claim that those who made the fourth amendment in to law did not forecast on the future technology. However, because the early lawmakers managed to pass the amendment into law, no one has the right to go against what the law entails (Wells 28).