Bill seeks to stop police from tracking someone via GPS without warrant

Jul 29, 2013

Some state lawmakers want to make it a felony for police officers to track people using GPS without a warrant.

The legislation in Lansing has bipartisan support.

Democratic state Representative Jeff Irwin (D-Ann Arbor) is teaming up with Republican Representative Tom McMillin (R-Rochester Hills) on the issue.

Irwin says it’s a violation of the Fourth Amendment – which protects against unreasonable searches and seizures.

“Warrantless surveillance of where we are and what we’re doing, certainly in my mind falls underneath that definition,” Irwin said.

The U.S. Supreme Court ruled last year that the practice is unconstitutional. But Irwin says a state law is needed to put specific penalties in place.

Law enforcement officials say they’re complying with the Supreme Court decision. But they say the technology would improve their ability to make arrests and gather evidence in certain situations.