Should Law Enforcement Rely on GPS Trackers or Mobile Phone Software for Surveillance?

The choice between using GPS trackers on cars and tracking suspects via mobile phone software is a complex one that depends on several factors, including the specific circumstances of the investigation, legal considerations, and the resources available to law enforcement.

GPS Trackers

Advantages

Precision: GPS trackers provide accurate location data of a vehicle in real time. Stealth: They can be placed discreetly on a vehicle without the suspect's knowledge. Independence from Cellular Networks: GPS devices operate independently of mobile networks, making them valuable in areas with poor cellular coverage.

Legal Considerations

The use of GPS trackers typically requires a warrant in many jurisdictions, as it may be considered a violation of privacy. In the U.S., the Supreme Court has ruled that attaching a GPS tracker to a vehicle constitutes a search under the Fourth Amendment, thus requiring a warrant.

Mobile Phone Tracking

Advantages

Ubiquity: Most people carry mobile phones, making them a reliable source of location data. Rich Data: Mobile phones can provide additional valuable information such as call logs, texts, and app usage. Convenience: Tracking software can often be used remotely and may not require physical access to the suspect's vehicle.

Challenges

Consent and Privacy: Tracking a mobile phone usually requires consent or a warrant, especially if it involves accessing data from service providers. Dependence on Network: Mobile tracking relies on cellular service, which can be inconsistent in some areas.

Conclusion

In practice, law enforcement may choose to use a combination of both methods depending on the situation. If a suspect is known to frequently use a vehicle, a GPS tracker might be more effective. Conversely, if the suspect is often on foot or in areas with poor vehicle access, mobile phone tracking might be more appropriate. Ultimately, the decision involves weighing legal, ethical, and practical considerations in the context of the investigation.

It's important to note that there is no software that can follow a mobile phone on its own. Phone carriers were previously collecting location data from phones through their network and from interacting with the phone itself, but this practice has largely been discontinued. The most common way a phone reports its location is through apps the user installs on it. For example, Facebook and Google applications report location data to their respective services.

Police-grade GPS tracking devices can cost hundreds of dollars and typically require a warrant. In the U.S., the police must demonstrate probable cause and present a warrant to a judge to attach a GPS tracker to a car. This requirement aligns with the Supreme Court's ruling that GPS tracking constitutes a search.

Exceptions exist, but they are limited. The first exception is that in some countries, the police may be permitted to use GPS trackers without permission. The legality of such actions can vary depending on where you live. The second exception involves scenarios where evidence collection is not the primary goal, such as in cases of imminent threats to public safety.

Understanding the nuances between GPS trackers and mobile phone tracking can help law enforcement agencies make informed decisions, balancing the need for effective investigations with the protection of individual privacy rights.