Last week we blogged about a new rule that was passed that required drivers with ignition interlock devices to update their systems to new devices that have GPS capability. These devices would have the ability to pinpoint a driver’s position within five minutes. Not surprisingly, the under-the-radar move has ruffled some feathers among advocacy groups and individuals who believe in the 4th Amendment.
“This is not a good idea and was done kind of sneaky, because we knew nothing about it and we felt blindsided as it came out of the blue,” said Jon Cummings, founder of Minnesotans for Safe Driving. “We are not sure why this is needed because a lot of these people who choose to use the interlock system might decide not to in the future, if they think they are being tracked by a GPS system at DPS. It could undermine a program that has worked and made the roads safer for all Minnesotans by significantly reducing the number of repeat DUI offenders out there.”
Minnesota ACLU Chimes In
Teresa Nelson, legal director at the Minnesota Chapter of the American Civil Liberties Union (ACLU), chimed in on the new regulations, saying the move to track ignition interlock drivers could be unconstitutional.
“The Jones vs. United States decision by the U.S. Supreme Court is pretty clear,” said Nelson. “This is a search under the 4th Amendment and, unless there is some exception to the warrant requirement, you need a warrant to do GPS tracking.”
At least one law firm has stated that they plan to sue the state over the use of GPS tracking.
“This is something we will take legal action on because this is clearly a violation of the Constitution for first-time DUI offenders who’ve either chosen, or been ordered, to use the interlock system,” said a representative from the Ramsay Law Firm.
Even some lawmakers are on board with challenging the new regulations. A few lawmakers reached out to EYEWITNESS 5 News when they first ran the story to learn more about the change, and they stated that they are waiting on non-partisan research on the bill before they issue a statement on the change.
The Minnesota Department of Public Safety stood by their original statement, saying that they have no plans on using the GPS data, and storage will be kept through by the device’s manufacturer, not the DPS.
