NJ Appeals Court Rules GPS Tracking Without Warrant Violated Fourth Amendment

CUMBERLAND COUNTY, N.J. — A New Jersey appeals court ruled that state police violated the Constitution when they secretly placed a GPS tracker on a vehicle parked in a private driveway without a warrant during a drug investigation. Maurice E. Johnson was under investigation in early 2022 for drug and weapons offenses. Police obtained a communications data warrant allowing electronic surveillance on two vehicles registered to Johnson’s relative but mainly driven by him. However, the warrant did not authorize entering private property. Unable to install the tracker in a public place, officers entered Johnson’s driveway in Cumberland County and attached the device to a Chevrolet Tahoe parked near his home. The court found this action crossed a constitutional line. Judge Ronald Susswein, writing the opinion, stated that a private driveway is protected under the Fourth Amendment, which guards against unreasonable searches and seizures and generally requires a warrant based on probable cause to enter private property. The court rejected the prosecution’s argument that officers had an implied license to enter the driveway, noting such permission typically applies to visitors approaching a front door, not covert law enforcement surveillance. The ruling reverses a lower court’s decision that had allowed GPS data as evidence. That data led police to a storage unit where drugs, firearms, and cash were found, resulting in a search warrant for Johnson’s home and an indictment. Johnson faces multiple charges, including first-degree drug possession with intent to distribute. The case will proceed without the GPS evidence.