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Synnical Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 08:11 PM
Original message
Ruling gives cops leeway with GPS
http://timesunion.com/AspStories/story.asp?category=REG...

By BRENDAN LYONS, Staff writer
First published: Tuesday, January 11, 2005

Decision allows use of vehicle tracking device without a warrant

In a decision that could dramatically affect criminal investigations nationwide, a federal judge has ruled police didn't need a warrant when they attached a satellite tracking device to the underbelly of a car being driven by a suspected Hells Angels operative.

<snip>

The use of satellite tracking devices has stirred controversy and Hurd's ruling differs from a decision last spring by a Nassau County Court judge, who decided police needed a warrant when they used the technology to follow a burglary suspect.

<snip>

Hurd opined that authorities wouldn't need a warrant had they decided to follow Moran, so using a GPS device was merely a simpler way to track his car "as it traveled on the public highways," he wrote. "Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway. Thus, there was no search or seizure and no Fourth Amendment implications in the use of the GPS device."
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mcscajun Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 08:39 PM
Response to Original message
1. "Leeway" indeed...
...reminds me of the original, nautical meaning:

"off-course lateral movement of a ship when under way."

We're Way Off-Course, and drifting...
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imenja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 08:39 PM
Response to Original message
2. that will be appealed upward
That is appalling. It must not stand.
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Osamasux Donating Member (846 posts) Send PM | Profile | Ignore Tue Jan-11-05 08:46 PM
Response to Original message
3. Several states have/are modifying their stalker laws to
cover these devices. PopSci or PopMech recently covered it. in studied case, an ex-boyfriend planted a device under a woman's car, then kept showing up at odd places like intersections and convenience stores at the same time she would. It really freaked her out. In another case, an ex-husband had his sons bury one deep in his mothers car. They thought it was to help their parents get back together. Apparently, you pay for a monthly service, then you can get the exact location, direction and speed on the companies website.

(I was going to post a link, then thought better of it.)

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Downtown Hound Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 09:06 PM
Response to Original message
4. What a bunch of horseshit
"Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway." Well, I have an expectation of privacy when I'm in my car, and if the cops ever put one of those things on my car without a warrant their going to find out what citizen activism is all about.
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 09:07 PM
Response to Original message
5. No expectation of privacy in anonymous movement?
I don't think so.
This is horrible.

The ability to travel among the various states is, while not written down, implied in life, liberty, and the pursuit of happiness.
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imenja Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 09:29 PM
Response to Reply #5
6. it constitutes illegal search and seizure too
Edited on Tue Jan-11-05 09:30 PM by imenja
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 09:36 PM
Response to Reply #6
7. You have no expectation of privacy when you leave your home
What is there to stop them from planting a GPS device on YOU?

They COULD have followed you around the mall, to your office, etc. without a warrant.

This is disgusting.

Anyway, how to you shield yourself from this? Can you legally install a GPS jammer in your car?
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LastLiberal in PalmSprings Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 11:48 PM
Response to Reply #7
11. What happens if you find it and attach it to another person's car?
Like maybe a police car parked in front of the local donut shop?

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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-12-05 12:02 AM
Response to Reply #7
12. Seems like installing a jammer should be allowable
since that is the only way to ensure your privacy in public.
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InkAddict Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 09:50 PM
Response to Original message
8. "Logan's Run"
reality when all cars come equipped standard. :scared:

Of course, one just doesn't give them a reason for looking. What a great tool for wolves after sheep! Time to get a sidewalk scooter and stow it away in the trunk.
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jmowreader Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-12-05 01:38 AM
Response to Reply #8
15. I was thinking "Demolition Man"
Everyone had a chip in his or her wrist, which let them track you.
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psychopomp Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 10:38 PM
Response to Original message
9. kick
wtf?
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leesa Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-11-05 10:45 PM
Response to Original message
10. Remember this one when Repukes ask you "what has changed since
the Repukes have been in charge"
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-12-05 12:11 AM
Response to Original message
13. Okay, on "public" roadways... but what about when it is not on
public property but private property where one does have such an expectation of privacy?
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genieroze Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-12-05 12:43 AM
Response to Original message
14. This will be abused, no doubt. n/t
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Ian David Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-12-05 08:24 AM
Response to Reply #14
16. Oh, it won't be abused
Why should you care, UNLESS YOU HAVE SOMETHING TO HIDE!

Muhahahahahahaha!

At least, that's typical freeper-think.
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