Delaware Judge Jan R. Jurden ruled against allowing police officers to use GPS devices to track their suspects without warrants citing not only the Fourth Amendment but George Orwell too. If you are unaware, there is been a controversy surrounding tracking Americans with GPS devices without a warrant. Even Barack Obama has argued the federal government should be able to track Americans using the GPS on their phones claiming that Americans give up any reasonable expectation of privacy when they use a cell phone. Obviously Barack Obama doesn't understand the Fourth Amendment.
Fortunately, there are good judges on the bench that do understand the Fourth Amendment and it says nothing about reasonable expectation or loss of privacy for stepping outside of your doorway. It says to be secure in your persons and now just your home. Judge Jurden gets it.
In her opinion to keep Delaware police from tracking suspects with a GPS without a warrant, she writes:
"An Orwellian state is now technologically feasible," adding that "without adequate judicial preservation of privacy, there is nothing to protect our citizens from being tracked 24/7."
She is right, but remember Obama is pushing for more tracking and for the federal government to be immune from law suits when they begin tracking you without a warrant.