LEOs may install and use a GPS on a drug suspect's car only if:

LEOs may install and use a GPS on a drug suspect's car only if:

• A. They have a court order but no warrant.
• B. They have the suspect's consent.
• C. They have a search warrant.
• D. They may not use GPS at all.

Answer: (C)

Tracking a suspect’s car with a GPS is a search under the Fourth Amendment because it reveals private movement data over time. The controlling idea is that attaching a GPS device and monitoring its location constitutes a government search and, in general, requires a warrant based on probable cause. The best answer reflects this: law enforcement must obtain a search warrant to install and use a GPS on a drug suspect’s vehicle. Consent by the suspect could also authorize tracking, but without consent or an applicable exception, a warrant is the proper mechanism. A court order alone does not substitute for the Fourth Amendment warrant in this context, and the statement that GPS may not be used at all is incorrect.

Tracking a suspect’s car with a GPS is a search under the Fourth Amendment because it reveals private movement data over time. The controlling idea is that attaching a GPS device and monitoring its location constitutes a government search and, in general, requires a warrant based on probable cause. The best answer reflects this: law enforcement must obtain a search warrant to install and use a GPS on a drug suspect’s vehicle. Consent by the suspect could also authorize tracking, but without consent or an applicable exception, a warrant is the proper mechanism. A court order alone does not substitute for the Fourth Amendment warrant in this context, and the statement that GPS may not be used at all is incorrect.