WI Governor calls for GPS tracking of individuals with domestic violence restraining order against them

Since we talk a lot about GPS tracking, I thought this was an interesting proposal. As the article states, the recent Azana Salon shooting here in Wisconsin was committed by an estranged husband with a domestic violence restraining order in place. With the rash of recent shootings here in Wisconsin (Azana Salon and Sikh temple shooting), as well as the tragedy in Newtown, it appears politicians have been compelled to act. The question always remains, does the legislation or proposal alleviate the issue it is trying to achieve, or is it an overreaction to the current social and political environment.

In this case, I'm not sure that having a GPS monitor on the Azana Salon shooter's leg (or wherever) would have prevented the shooting - by the time an alert went out, he would have likely been already done shooting. Additionally, to provide notification to potential victims that an individual is getting near to them, the person who sought the restraining order would need to be constantly tracked as well. I'm sure there are a variety of ways of achieving this that might be less intrusive to either party, but the practical realities have yet to be seen. The bigger question is - does a restraining order against you trump your Fourth Amendment rights. And because you do not have to actually commit a crime to have a restraining order against you, is there sufficient justification on the say of another person, alone, to allow such monitoring. Perhaps it would only be allowed for individuals who actually committed a DV related crime.

Scott Walker states, in the article that:

Nothing's foolproof, so I'm cautious to say anything would prevent anything for sure," he said. "But in the case of Brookfield, if that guy had a bracelet on, she got a text or a phone (call) to say he was close . . . and (she) immediately called the police, you can't guarantee anything, but I don't think it's a leap of assumption to say they might have arrived fairly rapidly and potentially would have prevented him from gaining access or at least from attacking as many people as he did.

Very interesting, and I'm interested to see how this plays out.

The article can be found here: Walker: GPS monitoring needed for those with restraining orders

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EFF files amicus in D.C. Circuit Court against use of CSLI in remanded Jones case

Back in April, Jeffrey wrote that Antoine Jones wasn't off the hook for his crimes because of the ruling in United States v. Jones, 132 S. Ct. 945 (2012). Rather, instead of using the GPS tracking data they had collected (illegally), the police decided to use Cell Site Location Information (CSLI). Jeffrey's previous article can be found here - Jones II: This time, the government seeks to use cell site location information.  If you're looking to read more on the subject, we have additional content that can be found, here.

On Monday, the Electronic Frontier Foundation filed an amicus brief in favor of Antoine Jones, arguing that six months worth of CSLI should not be obtainable without a warrant. The EFF drew parallels between this situation and the GPS tracking that occurred in the original instance. Additionally, the EFF forwards an argument in the brief that could not be used in the context of GPS tracking - that CSLI could actually provide information about occurrences inside the home. This is important because courts have tended to give the most Fourth Amendment protection to the confines of a private home - see, for example, Karo or Kyllo.

The EFF's brief also addresses third-party doctrine, the Stored Communications Act, and even CALEA.

The brief can be found here: BRIEF AMICI CURIAE OF THE ELECTRONIC FRONTIER FOUNDATION AND CENTER FOR DEMOCRACY & TECHNOLOGY IN SUPPORT OF DEFENDANT ANTOINE JONES’ MOTION TO SUPPRESS CELL SITE DATA


The EFF also has a story, here: Government Faces New Warrantless Surveillance Battle After Losing Landmark GPS Tracking Case

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