Ruling gives cops leeway with GPS

[Synnical]

http://timesunion.com/AspStories/story.asp?category=REGIONOTHER&storyID=322152&BCCode=&newsdate=1/11/2005

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."

[mcscajun]

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...

[imenja]

2. that will be appealed upward

That is appalling. It must not stand.

[Osamasux]

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.)

[Downtown Hound]

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.

[WannaJumpMyScooter]

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.

[imenja]

6. it constitutes illegal search and seizure too

[Ian David]

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?

[LastLiberal in PalmSprings]

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?

[WannaJumpMyScooter]

12. Seems like installing a jammer should be allowable

since that is the only way to ensure your privacy in public.

[InkAddict]

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.

[jmowreader]

15. I was thinking "Demolition Man"

Everyone had a chip in his or her wrist, which let them track you.

[psychopomp]

9. kick

wtf?

[leesa]

10. Remember this one when Repukes ask you "what has changed since

the Repukes have been in charge"

[WannaJumpMyScooter]

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?

[genieroze]

14. This will be abused, no doubt. n/t

[Ian David]

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.