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Computer Law Review and Technology Journal

Abstract

Article one, Section seven of the Washington Constitution states "no person shall be disturbed in his private affairs, or his home invaded, without authority of law." This section provides greater privacy protection than the United States Constitution. "Examination of the constitutional history of this section reveals that the State Constitutional Convention rejected the language of the federal constitution's Fourth Amendment; instead, the Convention adopted the language. .. to intentionally provide greater protection of individual rights." The problem arises when privacy comes face to face with technological advances, such as Global Positioning System ("GPS") devices. GPS units were first built for military use, but have since become popular in all aspects of today's society. For example, car manufacturers attach GPS units inside cars to locate the vehicle in case it is stolen. GPS units are being attached to level three sex offenders in order to cut down on the number of hours police have to spend monitoring the recipients. Unfortunately, citizens also use GPS systems to stalk other individuals as they drive. GPS tracking will impact the legal rights of millions of citizens. The Supreme Court of Washington became one of the first states to address whether police need a warrant in order to use GPS technology to track a suspect.

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