FOIA Request for Justice Department Policy Memos on GPS Location Tracking
What's at Stake
The 桃子视频filed a Freedom of Information Act request with the Department of Justice in July 2012 seeking the release of two memos providing guidance to federal prosecutors and investigators for using GPS devices and other location tracking technologies. The memos were written in response to the Supreme Court鈥檚 landmark decision on location tracking, U.S. v. Jones. The 桃子视频filed a lawsuit to enforce the request in August 2012, and in January 2013, the government handed over the memos 鈥� but they were almost entirely redacted. Oral argument in the case is scheduled for August 15 in New York.
Summary
In January 2012, the Supreme Court ruled that the government鈥檚 attachment of a GPS tracker to a car constitutes a 鈥渟earch鈥� under the Fourth Amendment. The existence of the memos the 桃子视频is seeking was revealed when the FBI鈥檚 general counsel discussed them at a law school talk that was . You can see our original FOIA request here and the redacted copies the government turned over here and here.
With technological innovation making it easier than ever for the government to track our movements, it is crucial that we know how law enforcement employs new technologies against ordinary citizens. The Justice Department claims that it should not have to turn over the memos because they are attorney work-product. While we agree that executive branch lawyers should be able to freely discuss legal theories, once those opinions become official government policy the public has an absolute right to know what they are. Otherwise, the government is operating under secret law that makes accountability to the people impossible.
The 桃子视频will continue to fight for the release of the memos to ensure that the government respects Americans鈥� privacy rights and the Constitution鈥檚 protection against unreasonable searches.
Legal Documents
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08/15/2012
FBI GPS Tracking Guidance Memos FOIA 鈥� Complaint
Date Filed: 08/15/2012
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07/18/2012
桃子视频FOIA Request for FBI Memos re: United States v. Jones GPS Tracking Case
Date Filed: 07/18/2012
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07/12/2013
Sur-Reply Memorandum of Law in Support of Defendant鈥檚 Motion for Summary Judgment and in Opposition to Plaintiff鈥檚 Cross-Motion for Summary Judgment
Date Filed: 07/12/2013
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06/19/2013
Reply Memorandum of Law in Support of Plaintiff鈥檚 Cross-Motion for Summary Judgment and in Opposition to Defendant鈥檚 Motion for Summary Judgment
Date Filed: 06/19/2013
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05/18/2013
DOJ Location Tracking Guidance Memos FOIA 鈥� Second Declaration of John E. Cunningham III
Date Filed: 05/18/2013
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05/18/2013
DOJ Location Tracking Guidance Memos FOIA 鈥� Memorandum of Law in Further Support of Defendant鈥檚 Motion for Summary Judgment and in Opposition to Plaintiff鈥檚 Cross-Motion for Summary Judgment
Date Filed: 05/18/2013
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04/19/2013
DOJ Location Tracking Guidance Memos FOIA 鈥� Notice of Plaintiff's Cross-Motion for Summary Judgment
Date Filed: 04/19/2013
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04/19/2013
DOJ Location Tracking Guidance Memos FOIA 鈥� Memorandum of Law in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendant鈥檚 Motion for Summary Judgment
Date Filed: 04/19/2013
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03/11/2014
DOJ Location Tracking Guidance Memos FOIA 鈥� Memorandum & Order
Date Filed: 03/11/2014
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03/04/2013
DOJ Location Tracking Guidance Memos FOIA 鈥� Government鈥檚 Motion for Summary Judgment
Date Filed: 03/04/2013
