The Supreme Court has been doing a pretty good job of resisting government arguments that interpretation of the Fourth Amendment should ignore the implications of modern technology.
Two years ago, for example, the government argued to the Court that using a GPS device to track an automobile 24/7 for nearly a month was no different from assigning a police officer to tail someone. Following a person on the public streets was never considered a “search” under the Fourth Amendment, the government stressed, so using a GPS device to do the same should not be subject to Constitutional limits either. While the Justices split on their reasoning, not a single one accepted the government’s invitation to ignore the precision and persistence of GPS technology. Instead, all the Justices agreed that attaching a GPS device to a car and tracking it for a prolonged period, even on the public streets, was a search and therefore covered by the Fourth Amendment.