Judge Warns Of ‘Orwellian State’ In Warrantless GPS Tracking Case In striking down evidence obtained through warrantless GPS tracking, Delaware Judge Jan R. Jurden wrote that "an Orwellian state is now technologically feasible," adding that "without adequate judicial preservation of privacy, there is nothing to protect our citizens from being tracked 24/7." The ruling goes against a federal appeals court's decision last summer that allowed warrantless tracking by GPS.
"the warrantless placement of a GPS device to track a suspect 24 hours a day constitutes an unlawful search," Judge Jurden wrote in her ruling (PDF). "In this case, there was insufficient probable cause independent of the GPS tracking to stop the vehicle where and when it was stopped, and therefore, the evidence seized from Holden’s vehicle must be suppressed."READ ENTIRE ARTICLE