Ohio Court Rules That GPS Tracking By Police Should Require A Warrant

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.



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TehShibbs - 10/1/2011 9:41:19 AM

+1 Boost

Too bad anyone with OnStar or Lexus Enform automatically opt in to this GPS tracking. Ha.

truckman - 10/2/2011 3:30:25 AM

+1 Boost

In this case it worked out great, although I could foresee an abuse to this, many cops have power issues and frequently push there weight around and violate individuals privacy daily, it's a fine line sometimes and black and white other times.

robertb - 10/3/2011 5:55:37 PM

+1 Boost

It's the US Court of Appeals for the 6th Circuit (in Cincinnati, OH), not the Ohio Court of Appeals. The federal 6th Circuit covers Ohio, Michigan, Kentucky, and Tennessee.