| Date: | 03/26/2019 |
|---|---|
| Organization: | Massachusetts Supreme Judicial Court |
Commonwealth v. Johnson
Supreme Judicial Court, March 26, 2019
(Search and Seizure/GPS Monitoring)
Once a GPS device is attached to an individual as a condition of probation, that individual does not possess a reasonable expectation of privacy in the data collected while on probation. Subsequently, it does not constitute a search in the constitutional sense under the Fourth Amendment or art. 14, when the police access and review the historical GPS location data, even after the individual’s probationary period has expired, to determine whether the person was present at the general time and place of particularly identified crimes.