White House Wants Supreme Court To Allow Police Use Of GPS Tracking Without Warrant

Highlighting the ongoing friction between technology and privacy rights, the Obama administration wants the Supreme Court to overturn a D.C. Circuit Court's decision last year which said police must obtain a warrant before engaging in long-term surveillance of a suspect using a GPS (global positioning device) attached to the suspect's car. The D.C. Circuit Court panel unanimously overturned the conviction of a man who was sentenced to life in prison, holding that the method utilized by police (i.e., a GPS tracking device without a warrant) to establish evidence that was used against him at trial violated his Fourth Amendment right against unreasonable search and seizure.

The Obama administration  contends (PDF) that a 1983 Supreme Court ruling (United States v. Knotts) already answers the question as to whether or not police can track suspects' cars without a warrant. In that case the court ruled that police were within their power to track a beeper device they had placed in a can of chemicals used for drug production. The court justified its ruling by stating that "a person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another."

However, the D.C. Circuit Court panel all agreed that the justices in United States v. Knotts didn't decide the issue of whether a more intrusive government action would require a warrant. From the Washington Post article:

Circuit Judge Douglas H. Ginsburg wrote that the 28-day tracking of Jones's every movement in his Jeep was too much. Although the travel evidence submitted to the jury was all on public streets, he said "the whole of a person's movements over the course of a month is not actually exposed to the public because the likelihood a stranger would observe all those movements... is essentially nil."

The government claims that GPS tracking is a vital tool which can aid the government in establishing the kind of probable cause necessary to get a warrant. Acting Solicitor General Neal Katyal said that placing limits on police use of GPS tracking "will seriously impede the government's ability to investigate leads and tips on drug trafficking, terrorism and other crimes."

Daniel Prywes, a Washington attorney who wrote a brief (PDF) on the case for the American Civil Liberties Union and the Electronic Frontier Foundation, stated that "this case is really going to confront the court with the problem of adopting the Fourth Amendment to a new information age. I think it's the seminal privacy case of the 21st century." 

Staff Spotlight 

Jeff Hammerschmidt

Jeffrey T. Hammerschmidt is a Fresno County criminal defense attorney who represents men and women in criminal matters in state and federal courts. He has been a licensed attorney for the past 23 years and has practiced in criminal law for 18 years.

Mr. Hammerschmidt began his legal career at the firm of McCormick Barstow where he was an Associate for four years. He then served for more than 12 years as a Deputy District Attorney for the County of Fresno, handling all level of cases from misdemeanors, white collar crimes, and homicides. During this time he also served as President of the Fresno County Prosecutors Association. He also served as Senior Legal Advisor to the Fresno Police Department, an agency of more than 800 officers, where he advised the Chief of Police's executive staff on various legal issues.

"I was proud to serve as a prosecutor for 12 years and I'm proud to serve as a defense attorney," says Mr. Hammerschmidt. "The system only works when people on both sides are seeking justice. The large number of cases in which people have served years or decades in prison and are then released after DNA tests reveal their innocence is a constant reminder to all that the system isn't perfect. A qualified and skilled defense bar is key to preventing those falsely accused from being convicted."

Mr. Hammerschmidt is certified by the State Bar of California Board of Legal Specialization as a Criminal Law Specialist. He obtained this distinction in 1998. Less than 400 lawyers statewide are certified as Criminal Law Specialists.

Mr. Hammerschmidt served as a contributing author to California Criminal Law Procedure and Practice, commonly referred to as the Bible of Criminal Law. He also served as an instructor of Evidence and Criminal Law at San Joaquin College of Law. In August 2011 he will return to San Joaquin College of Law as an Adjunct Professor teaching Criminal Law and Criminal Procedure.

Martindale-Hubbell, a highly-respected attorney rating firm, , recognizes Mr. Hammerschmidt as an AV rated attorney, the highest rating available to any individual attorney. He has received a rating of

10.0 out of a possible 10.0 from AVVO , another distinguished attorney rating firm. He is also listed in the Bar Register of Preeminent Attorneys, an honor limited to the top five percent of attorneys nationwide. Additionally, in 2010 he was selected as a member in the highly acclaimed Super Lawyers Blue Ribbon Panel, Northern California Super Lawyers.

Mr. Hammerschmidt served for the past 19 years as a volunteer for VIP Mentors, formerly known as Volunteers in Parole, an organization which provides attorney mentors to parolees looking to make positive changes in their lives. Mr. Hammerschmidt is a past-Chair of VIP Mentors. He is also a graduate of Leadership Fresno Class 16, and served as class Vice-President. He is also a member of St. Agnes Men's Club, a philanthropic group whose fund-raising activities benefit the St. Agnes Medical Center and its special programs.

Mr. Hammerschmidt is also an avid tennis player.

About Hammerschmidt Broughton Law Corporation

The Hammerschmidt Broughton Law Corporation is dedicated to providing the highest level of legal representation to persons accused of crimes in Federal and State courts. We also represent clients in Department of Motor Vehicle driver's license revocation hearings and administrative licensure proceedings. We take on appeals, expungements and other post-conviction matters.

The firm is rated "AV" by Martindale Hubbell, the highest rating awarded to a law firm. The firm is also listed in the Bar Register of Preeminent Lawyers, a distinction reserved for the top five percent of law firms in the United States. The firm focuses on putting the client's needs first by keeping clients up to date on the status of the case, and by returning telephone calls quickly.

Contact Us to discuss your case. The sooner you call for a free consultation, the sooner we can begin working for you.

Disclaimer: The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.