NYLJ.com: Electronic GPS Tracking and the Fourth Amendment

NYLJ.com: Electronic GPS Tracking and the Fourth Amendment by Martin Flumenbaum & Brad S. Karp:

In their Second Circuit Review column, Martin Flumenbaum and Brad S. Karp examine two decisions which appear to reflect the court’s growing interest in the constitutionality of the government’s use of location information obtained by GPS. In both ‘U.S. v. Caraballo’ and ‘U.S. v. Gilliam’, the Second Circuit considered whether a defendant’s Fourth Amendment right is violated when law enforcement determines his location by acquiring GPS information from a cellular phone provider, and then uses this information to carry out an arrest.