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Warrant for GPS/cell phone location?

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On Thursday the New Hampshire Senate passed a bill that requires police to get a warrant before installing a GPS tracker or accessing a cell phone's location.

In 2012 the U.S. Supreme Court ruled that installing a GPS tracker qualifies as a search under the Fourth Amendment, but the Court did not clarify when a warrant might be required.  Justice Samuel Alito wrote in his opinion that legislatures were probably better suited to drawing that line.

Alito's opinion may have inspired Rep. Neal Kurk (R-Weare) to sponsor HB 468, the bill that just passed the Senate.  HB 468 requires a warrant to obtain electronic device location information in New Hampshire, except in emergencies.

Bill supporters argue that installing a GPS tracker is a clear violation of privacy, and law enforcement may abuse that power without a clear requirement for a warrant.

Bill opponents argue that GPS tracking is no more invasive that in-person police surveillance, and argue that the U.S. Supreme Court opinion is enough to motivate law enforcement to obtain a warrant if necessary.

The Senate made some amendments to HB 468, so the bill must pass the House again before it goes to Gov. Maggie Hassan (D).

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