This is the world we live in now.
A confusing and disturbing conclusion has been reached by a New York federal court. The court has decided that 791 days of location tracking with a GPS ankle bracelet is unreasonable, but somehow not worthy of evidence suppression. (via FourthAmendment.com )
Kemal Lambus — the defendant challenging the evidence — was granted parole, but with certain conditions. One of those was imposed a few months after his release: wearing an ankle bracelet to ensure he abided by his curfew. This was in addition to the normal amount of diminished privacy afforded parolees, which includes any number of warrantless searches by parole officers.
According to Lambus, there was nothing “voluntary” about the ankle bracelet agreement he signed. He was told that if he didn’t, his parole would be revoked. The opinion [PDF] agrees, noting that the state itself refers to conditions “imposed’ on Lambus — a word that implies this was anything but consensual.
Lambus objected to the tracking device, but was told he would only have to wear it for 3-6 months. After that period had expired, Lambus repeatedly — seven times in the following six months — asked to have it removed. The six-month figure originally given to Lambus is backed up by the government’s contract with the provider.
A record from Veritracks, the vendor that provides GPS monitoring services to NYSDOCCS, indicates that the initial GPS monitoring period was set to last only until November 8, 2013, exactly 6 months after the bracelet was attached.
The court finds the extended search — 791 days of location tracking — to be a violation of the Fourth Amendment. While it acknowledges that parolees have a lower expectation of privacy, their Fourth Amendment rights are not null and void until they complete their parole term.
Via TechDirt