Privacy Protection Of Suspect Under The Use Of Tracking Device

Compared to the traditional methods, Tracking Device has been gotten a great breakthrough. It’s more accurate, secret, comprehensive, and it can work all the time, which causing a significant challenge to the right of privacy. The development of electronic technology gave birth to the American theory of privacy, and had been a constitutional doctrines. In the criminal process of U.S., the Supreme Court expanded the implication of the Fourth Amendment, which the privacy right was protected by the "Unreasonable Search and Seizure" clause, thanthe "reasonable expectation" standard was used to decide whether the police behavior been illegal.In the case of tracking surveillance,tracking had not been considered to constitute a violation of privacy in a long time, by the limit of traditional theory of "the Propert- rights " and " Place analysis method ". Because of the efficiency and long-term monitor of police, the courts have reconsidered the relationship between privacy of citizen and the public safety.Analyzing US about privacy theory and jurisprudence in favor of understanding the tracking mandatory in criminal investigation procedures.With the interaction of traditional culture and modern lifestyle under the influence of science and technology, the conception of privacy has not been prevalent, that lack of protection. Leading to controlling to crime, the magistrate are not able to pay attention to the person rights in criminal procedure. As a subsidiary of personal and property rights, privacy has not really been into the field of law. Especially in the criminal investigation, few studies about location tracking currently, the articles are rough in procedural control. Analyze the theories about privacy, take the relevant case as reference, and try to take the location tracking in the law of criminal procedure,so that enhance the status of privacy in Human Rights.