Whether the warrantless search, unsupported by any individualized suspicion of criminal wrongdoing, of a former probationer's historical GPS location data is permitted by the Fourth Amendment to the United States Constitution

QUESTION PRESENTED In this case, the police accessed and obtained Petitioner’s historical location data, which was captured and collected by a Global Positioning System (GPS) device that was affixed to Petitioner’s ankle for five months as a condition of his probation. The police accessed and obtained the historical location data a year after Petitioner had successfully completed his probation. A divided Supreme Judicial Court of Massachusetts held that the accessing of Petitioner’s location records by the police did not constitute a search in the constitutional sense under the Fourth Amendment. The question presented is: Whether the warrantless search, unsupported by any individualized suspicion of criminal wrongdoing, of a former probationer’s historical GPS location data is permitted by the Fourth Amendment to the United States Constitution. i