Maine Requirement for Tracking Devices on Lobster VesselsIs Not an Illegal Search under the Fourth Amendment

Thompson v. Wilson, 159 F.4th 91, writ of cert. filed March 19, 2026, (No.25-1105)

            This case recently came to my attention by Prof. Robert Vercheck at Loyola Law School. The lobster fishermen asserted that a role of the state od Maine requiring all lobster fishing vessels which hold federal permits “to install an electronic tracking device on their vessels and share their location data whenever those vessels are in the water.”[1]

            The lobster fishermen sought an injunction to enjoin the state of Maine from enforcing the tracking device requirements on the basis that it constituted an illegal search and seizure under the Fourth Amendment of the U.S. Constitution. They also raised other Constitutional challenges under the 14rh Amendment as well as a challenge that the rule is arbitrary and capricious.[2]

            The district court dismissed the claim on the basis of FRCP Rule 12(b)(6) but encouraged the fishermen to appeal to the U.S. First Circuit Court of Appeal for “an authoritative ruling.”[3]

            The appellate panel addressed the issue head on addressing only the 4th Amendment Constitutional challenge and held that as the industry is a highly regulated industry. The state of Maine admitted that the GPS tracking requirement was a search under the 4th Amendment. The fishermen also conceded that lobster fishing is a closely regulated industry.[4]

            Judge Thompson wrote for the unanimous court. Ostensibly, as the GPS devices record only time and position data of the vessels and not searches of vessels, the requirement is limited in scope[5] and does not amount to an illegal search under the Fourth Amendment. Thus, the dismissal was affirmed.[6]

            As noted above, the aggrieved lobster fishermen filed a writ of certiorari to the U.S. Supreme Court on March 19, 2026.  The writ was distributed for conference set on Sept. 28, 2026.[7]

            A copy of the First Circuit’s opinion is attached.

AAC

[1] 159 F.4th at 93.

[2] Id. at 96.

[3] Id. at 94.

[4] Id. at 96.

[5] Id. at 106.

[6] Id.

[7] https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-1105.html. Last checked Sept. 22, 2026.