Robb, J.
Case Summary and Issue
Christopher Wertz brings this interlocutory appeal, challenging the trial court’s denial of his motion to suppress. He presents one issue, which is a matter of first impression: whether the warrantless search of his personal Garmin Global Positioning System (“GPS”) device violated the Fourth Amendment to the United States Constitution. [Footnote omitted.] We conclude Wertz’s GPS device is not a “container” under the automobile exception and that he has a reasonable expectation of privacy in the device and its contents. Therefore, the warrantless search of the GPS device violated the Fourth Amendment. We reverse and remand.
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The Garmin GPS device searched by the State was personally owned by Wertz and kept in his vehicle. The device includes pre-loaded street maps and the ability to store hundreds of waypoints and locations. The device is also compatible with microSD cards, which are routinely able to store 16 to 128 gigabytes (GB) of data. In addition, Wertz’s GPS device is designed to automatically record and store information such as location, past routes traveled, and speed. It is because of that automated storage that law enforcement was able to discover Wertz’s route of travel and rate of speed on the day of his accident.
III. Fourth Amendment
Wertz argues that the warrantless search of his GPS unit violated his right to be free from unreasonable searches. He claims that his GPS device is similar to a cell phone that cannot be searched without a warrant and that the location data stored in the GPS is private information….
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In Riley v. California, the United States Supreme Court held that a warrant is generally required to search an arrestee’s cell phone, despite a recognized exception for searches incident to a lawful arrest. 134 S.Ct. at 2485. The Court reached its holding for two reasons: (1) concerns justifying a search incident to arrest are not applicable to digital data; and (2) digital data implicates substantial privacy concerns far beyond those implicated by the search of physical items ordinarily found on an arrestee’s person. Id. at 2484-85. It is the latter rationale that is relevant to this case.
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In our view, the GPS unit in this case is akin to a computer or cell phone. The device stores large amounts of information that could not possibly be stored in an ordinary physical container. For that reason, an electronic storage device cannot be treated as a container. Moreover, the location data it does store has been identified by the Supreme Court as private information. Just as the Supreme Court believed that treating a cell phone as a container was “a bit strained,” id. at 2491, we believe that treating the GPS device as a container under the automobile exception is inappropriate.
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GPS device is similar in nature to a computer or cell phone, and that such a device cannot be treated as a “container” that may be searched pursuant to the automobile exception to the warrant requirement.
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The Fourth Amendment forbids real-time, long-term monitoring of a citizen’s location. See supra, ¶¶ 26-31 (discussing Jones concurrences). There is no logical basis for allowing the government to obtain the same information without a warrant by inspecting a citizen’s location information after-the-fact. In Riley, the Court’s references to location data were specific to “[h]istoric location information” stored on a cell phone, which could be used to “reconstruct someone’s specific movements down to the minute.” 134 S.Ct. at 2490. The Court regarded that information as private, understanding that the information would be obtained after-the-fact rather than through real-time tracking by law enforcement. The expectation of privacy in one’s whereabouts is not only due to society’s impulse to cringe at the idea of being followed day-and-night; the personal nature of the information itself gives rise to an expectation of privacy. …
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We hold that there is a reasonable expectation of privacy in detailed historical location data from a personal GPS device. Absent exigent circumstances, law enforcement must obtain a search warrant in order to access such information.
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Conclusion
We conclude Wertz’s GPS device cannot be treated as a “container” under the automobile exception. We further conclude that he has a reasonable expectation of privacy in the device and in the historical location data that the device stores. Therefore, the warrantless search of the GPS device violated the Fourth Amendment. We reverse and remand.
Reversed and remanded.
Riley, J., and Bailey, J., concur.