Legality of Mobile Phone Tracking Still Unclear Despite Supreme Court GPS Decision:
From www.wired.com:
The Supreme Court’s blockbuster GPS decision Monday afforded American’s new constitutional privacy protections against warrantless government tracking.
But the justices stopped short of clearly spelling out how wide those rights actually are — or when exactly a warrant would be needed.
The case tested whether the police may secretly attach a GPS device to a vehicle and track its every move without a probable-cause warrant. The judges made it clear that the physical act of putting a tracker on the vehicle constituted a search and that police would be wise to get a proper search warrant, even though the justices didn’t outright say they had to.