Privacy and unreasonable searches in the 21st century: GPS tracking in criminal investigation

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ID: 286464
2018
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Abstract
The Bill of Rights as enshrined in our Constitution provides for the right of the people against unreasonable searches and seizures but what really constitutes a search became unclear as surveillance technology evolves and high technological devices are being used by law enforcers such as a Global Positioning System (GPS) to track suspects. Advanced surveillance technologies when used properly can greatly enhance the ability of law enforcers to maintain public safety and order. However, it is critical to ensure that these technologies, especially given their advanced capabilities, are only used in a manner, which will conserve the interests and rights of individual citizens to privacy. Unlawful police surveillance using advanced technology such as GPS has not yet caused alarm to citizens in our society but in more developed countries there are already an ample of cases against it. This study aims to establish that based on the statutory construction of our right to privacy enshrined in the Bill of Rights and the analysis of US Jurisprudence on installation of GPS on the exterior of private cars without the owner’s consent there are a lot of issues concerning its possible infringement on the right to privacy which can be addressed by creating a law defining strict limitations on the use of such technology and its Implementing Rules and Regulations.
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Authors Tarrosa, Anna Beatrice S.
Journal Malay Journal
Year 2018
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