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Judges have disagreed over whether search warrants should be required for GPS tracking. Afifi's lawyers say they are filing this lawsuit in hopes of a decision saying that any use of tracking devices without a warrant in the United States is unconstitutional.
The federal appeals court in the Washington circuit where Afifi's case was filed ruled in August that the collection of GPS data amounts to a government "search" that required a warrant. The Obama administration asked the court to change its ruling, calling the decision "vague and unworkable" and arguing that investigators will lose access to a tool they now use "with great frequency."
