Washington, DC; March 19, 2026: A Maine lobsterman petitioned the U.S. Supreme Court to hear his challenge to an agency rule imposing 24/7 GPS tracking requirements onto every federally licensed lobstering vessel that operates in the state. Fifth-generation lobsterman Frank Thompson argues that this warrantless surveillance violates his Fourth Amendment rights.

“Under this rule, lobstermen like Frank are being subjected to the government’s unending, invasive trespass to property and surveillance—and threatened with the loss of their licenses and livelihoods to force compliance,” said Mark Miller, Director of Environment and Natural Resources Litigation at Pacific Legal Foundation. “This is an obvious violation of the Fourth Amendment. We urge the Supreme Court to strengthen its precedents for trespass to privacy and prevent government agencies from abusing Americans’ rights through administrative law loopholes.”

In 2023, the Atlantic States Marine Fisheries Commission passed a mandate requiring all federally licensed lobster vessels to install and continuously operate GPS trackers that send the ship’s location to the government at least once per minute. The tracker must remain active whenever the vessel is in water, even when it is docked, moored, or being operated recreationally.

A district court dismissed Frank’s initial lawsuit, claiming a Fourth Amendment “exception” that allows the government to engage in warrantless surveillance within a “closely regulated industry” like lobstering.

Represented at no cost by Pacific Legal Foundation, along with co-counsel Mark Pinkert of the Holtzman Vogel law firm, Frank filed a petition for certiorari with the U.S. Supreme Court, asking the Court to strike down the tracking requirement and to affirm that the Fourth Amendment’s core protections extend to all Americans, regardless of whether they work in a “closely regulated” industry.

Pacific Legal Foundation represents Frank Thompson free of charge. The case is Frank Thompson v. Carl Wilson.

Documents

PLF Petition for Writ of Certiorari
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About Pacific Legal Foundation

Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.

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