US Govt: No Warrant Needed to Track Your Car With a GPS Device
66 replies, posted
[QUOTE]The President Barack Obama administration is claiming that authorities do not need court warrants to affix GPS devices to vehicles to monitor their every move.
The administration maintains that position despite the Supreme Court’s infamous decision last year that concluded that attaching the GPS devices amounted to search protected by the Constitution.
The administration is set to make its argument Tuesday before a federal appeals court in a case testing the parameters of the high court’s 2012 decision. If the government prevails, the high court’s ruling would be virtually meaningless.
“This case is the government’s primary hope that it does not need a judge’s approval to attach a GPS device to a car,” Catherine Crump, an attorney with the American Civil Liberties Union, said in a telephone interview.
Crump will square off on the issue Tuesday with the Obama administration before the 3rd U.S. Circuit Court of Appeals in Philadelphia.
The question of whether probable-cause warrants issued by a judge are needed is an open one because the high court stopped short of answering it. The court ruled in January, 2012, that attaching the device amounted to a constitutionally protected search because it was a trespass on a private vehicle.
Even so, in the decision’s aftermath the government disabled 3,000 GPS trackers it had installed on vehicles without warrants.
Among other things, the government is arguing that the Supreme Court has given the police broad exemptions to obtaining search warrants, such as with the oversight of school students and probationers, maintenance at the border, and even searching vehicles and luggage for drugs. That exception should apply to GPS devices, the government said.[/QUOTE]
[URL="http://www.wired.com/threatlevel/2013/03/gps-warrant-requirement/"]Source[/URL]
There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to identify who the vehicle belongs to. This is just a modernized version of it.
[QUOTE=don868;40018912]There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to identify who the vehicle belongs to. This is just a modernized version of it.[/QUOTE]Clearly a privacy issue. Plus what if you find the device? Are you supposed to just let it sit under your car? What if you break it? I have a feeling they'd charge you with the destruction of property. Plus it's just down right creepy.
[QUOTE=Ybbat;40018923]Clearly a privacy issue. Plus what if you find the device? Are you supposed to just let it sit under your car? What if you break it? I have a feeling they'd charge you with the destruction of property. Plus it's just down right creepy.[/QUOTE]
There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.[/QUOTE]
If I drive to my friend's house, am I still on state property?
To the local bar?
To the mall?
No.
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.[/QUOTE]
Why the fuck does the government need to know where I've been?
Well I guess they'll have trouble tracking my car when I take their device and shove it so far up their collective asses they'll shit LEDs.
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.[/QUOTE]So, by your logic, since houses are on "state property" they should be aloud to break into your house and look around?
Or do you mean just roads and streets. Because if you still do, they're still tracking you in your lane way.
This is a huge invasion of privacy. I really hope this appeal gets struck down.
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy.[/QUOTE]
By this logic the police would have the authority to randomly search people anywhere in public.
[QUOTE=Emperor Scorpious II;40018945]If I drive to my friend's house, am I still on state property?
To the local bar?
To the mall?
No.[/QUOTE]
Roads are city and state property.
[QUOTE=Emperor Scorpious II;40018945]If I drive to my friend's house, am I still on state property?
To the local bar?
To the mall?
No.[/QUOTE]
You are while you're driving. The roads are usually government property.
[QUOTE=don868;40018912]There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to [b]identify who the vehicle belongs to[/b]. This is just a modernized version of it.[/QUOTE]
No, it's simply an identification of a vehicle, not it's owner, that a vehicle HAS an owner has nothing to do with identifying a vehicle. What it is also not for is tracking where the owner of said vehicle is at all times.
[QUOTE=deadoon;40018955]Roads are city and state property.[/QUOTE]
And? Is it normal for police to stop people and ask where they've been/where they're going if they're on the sidewalk?
STOP
[quote]The administration maintains that position despite the Supreme Court’s infamous decision last year that concluded that attaching the GPS devices amounted to search protected by the Constitution[/quote]
This right here. Who gives a fuck what they think. The supreme court rules over them. The supreme courts rulings are the law of the land.
I dont think this has a chance to see an appeal. Its stupid.
[editline]23rd March 2013[/editline]
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.[/QUOTE]
You have a right to privacy in your doings. The police just cant track you for shits and giggles.
[QUOTE=Zillamaster55;40018947]Why the fuck does the government need to know where I've been?
Well I guess they'll have trouble tracking my car when I take their device and shove it so far up their collective asses they'll shit LEDs.[/QUOTE]
They could do the same thing with speed checking cameras on stop lights and bridges on highways.
[QUOTE=Ybbat;40018950]So, by your logic, since houses are on "state property" they should be aloud to break into your house and look around?
Or do you mean just roads and streets. Because if you still do, they're still tracking you in your lane way.[/QUOTE]
Houses are privately owned property, gps is innaccurate enough that it will be connected to the street at almost any time..
[QUOTE=Rangergxi;40018953]By this logic the police would have the authority to randomly search people anywhere in public.[/QUOTE]
You have a right to prvate belongings, but you can't just sue everyone with a camera set up on their property filming from their property.
I do have a problem with this, if you are not allowed to remove it or if you do remove it you are liable. If I found one of these, i'd love to emp it or stick it to someone else's car to fuck up their investigations.
[editline]23rd March 2013[/editline]
[QUOTE=Zillamaster55;40018970]And? Is it normal for police to stop people and ask where they've been/where they're going if they're on the sidewalk?[/QUOTE]
Technically they can, if they claim you looked suspicious.
Haha.
I know every single inch of my car. If they attach one, I'll just rip it off and stick it to a garbage truck.
[QUOTE=Emperor Scorpious II;40018945]If I drive to my friend's house, am I still on state property?
To the local bar?
To the mall?
No.[/QUOTE]
Actually, yes you are. The roads you drive on and the freeways you use have been designed from scratch by corporations/state. (Especially in urban suburbs). My friend works for the transportation industry
Hey guys the cops can order me to empty my pockets if I'm on a sidewalk because I'm on state property right? Unreasonable search and seizure applies everywhere.
[QUOTE=zakedodead;40019038]Hey guys the cops can order me to empty my pockets if I'm on a sidewalk because I'm on state property right? Unreasonable search and seizure applies everywhere.[/QUOTE]
It isn't a search or seizure, it is no different than having plain clothes officers following you in vehicles to track your movements, which is already legal and has been legal for a long time.
If you found one of these on your car, you'd be stupid not to remove it. If you didnt put it there, why would you keep it there.
I'm fine with it, after all if it helps catch criminals then why not.
[QUOTE=KingdomBanned;40019074]I'm fine with it, after all if it helps catch criminals then why not.[/QUOTE]
We are all criminals
on the inside, in our hearts
[QUOTE=KingdomBanned;40019074]I'm fine with it, after all if it helps catch criminals then why not.[/QUOTE]
Because it's a violation of innocents privacy?
Putting a camera inside every room of every house, street, building, and backyard would help catch criminals too!
[QUOTE=soulharvester;40019103]Because it's a violation of innocents privacy?
Putting a camera inside every room of every house, street, building, and backyard would help catch criminals too![/QUOTE]
Now that's sort of twisting my words around, that's going a bit extreme.
I'm just saying that I personally wouldn't care if the government knows where I go in a car. I mean what are they going to do? Laugh at you for going to a strip club?
[QUOTE=deadoon;40019060]It isn't a search or seizure, it is no different than having plain clothes officers following you in vehicles to track your movements, which is already legal and has been legal for a long time.[/QUOTE]
Pretty sure if police officers keep following you around you can sue for harassment.
[QUOTE=KingdomBanned;40019074]I'm fine with it, after all if it helps catch criminals then why not.[/QUOTE]
Where will they stop then? First our cars and then what? Our phones? Our Emails? Oh wait! They already can and [b]have[/b]
[QUOTE=don868;40018912]There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to identify who the vehicle belongs to. This is just a modernized version of it.[/QUOTE]
[QUOTE=don868;40018936]There is no privacy issue, you're outside, you have no right to privacy. You're technically on state property. If you break it, you are liable for it, and if you don't put it back where you found it, I feel you should be charged with obstruction of justice.[/QUOTE]
My brain hurts after reading these two comments. You really need to brush up on this little thing called the United States Constitution and Bill Of Rights before you start spewing that crap.
That's besides the point that the average American spends the majority of their day on privately owned property and NOT state of government owned property. Most of the US is owned by corporations anyway.
[QUOTE=mobrockers2;40019122]Pretty sure if police officers keep following you around you can sue for harassment.[/QUOTE]
you have prove in court that they were purposely following you, and only you beyond reasonable doubt - which is going to be a lot harder than you think.
Im not defending it because yes, it is possible, but its just hard.
[QUOTE=areolop;40019236]you have prove in court that they were purposely following you, and only you beyond reasonable doubt - which is going to be a lot harder than you think.
Im not defending it because yes, it is possible, but its just hard.[/QUOTE]
On top of the pro-cop nature of the court system it's damn near impossible.
[QUOTE=don868;40018912]There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to identify who the vehicle belongs to. This is just a modernized version of it.[/QUOTE]
Yo send me a picture of your dick
If you don't have a small dick, you've got nothing to hide.
[QUOTE=don868;40018912]There should be no need for anyone to hide where they're going in their vehicle. We have license plates for a reason, and that's to identify who the vehicle belongs to. This is just a modernized version of it.[/QUOTE]
Why should they be entitled to know? Theres this thing called privacy.
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