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Gov't Has Legal Right To Track You Via GPS
Creative Minority Report ^ | 8/26/2010 | Patrick Archibold

Posted on 08/26/2010 7:06:00 PM PDT by markomalley

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. " ---Fourth Amendment to the Constitution

"Fourth Amendment? Never heard of it."--The Ninth Circuit Court of Appeals

The Circus has ruled that the gov't has a right to track you anywhere you go with GPS (planted by them) without a warrant. I am not making this up.

Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway - and no reasonable expectation that the government isn't tracking your movements.

That is the bizarre - and scary - rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants - with no need for a search warrant.

It is a dangerous decision - one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell. It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich.
No reasonable expectation that the government isn't tracking your movements? Are we that far gone?

In Maryland they are trying to put a man in jail for videotaping a policeman while he was being arrested. Cops have a reasonable expectation of privacy while performing their public duty but you have none no matter where you go and what you do? This is crazy.

Every week I ask my brother Matthew "Is it time to get the guns and ammo yet?" And every week he says no. At this rate, how much longer will he be able to say that?


TOPICS: Politics
KEYWORDS: fourthamendment; gps; gpstracking; warrantlesssearch
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1 posted on 08/26/2010 7:06:02 PM PDT by markomalley
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To: markomalley

And so it seems it is also legal for everyone. Want to know where to find your treasonous ‘Critters and Sin-ators, plant a GPS on their car and find them when you want to.


2 posted on 08/26/2010 7:13:30 PM PDT by MtnClimber (Osama and Obama both hate freedom and have friends that bombed the Pentagon)
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To: markomalley

And you do not have the right to prevent them from spying on you.


3 posted on 08/26/2010 7:14:51 PM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: markomalley

Simply put an I hate AZ, Rainbow sticker on your car.

They will not track other Union members.


4 posted on 08/26/2010 7:20:44 PM PDT by NoLibZone (Communities regularly fight the construction projects, Walmarts Starbucks and even tree removal.)
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To: markomalley

A business opportunity:

Plant GPS’s on LEO vehicles when parked in public areas.

Offer a site that tells members where each LEO vehicle in your city/county is!


5 posted on 08/26/2010 7:22:39 PM PDT by NoLibZone (Communities regularly fight the construction projects, Walmarts Starbucks and even tree removal.)
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To: markomalley

Lifehacker.com has a story on jammers for this issue.....

Legality aside they are for sale.

Jammer world is also selling such.


6 posted on 08/26/2010 7:24:32 PM PDT by Squantos (Be polite. Be professional. But have a plan to kill everyone you meet)
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To: markomalley
Before the left planted the communist Kagan on the bench I would have said that this is just another 9th “Circus” ruling that would get overturned; but now.......
7 posted on 08/26/2010 7:36:57 PM PDT by OldMissileer (Atlas, Titan, Minuteman, PK. Winners of the Cold War)
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To: markomalley

They could just as easily wait until you parked in a public place, and then put the device on your car.

The 4th doesn’t really address tracking or trailing someone, which is what the GPS device is doing. It doesn’t search or seize anything. It’s essentially just following someone electronically.


8 posted on 08/26/2010 7:39:21 PM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: stuartcr
I guess they have thrown out the term “ NO TRESPASSING “ ... because, how will they be able to enforce no trespassing laws when they can come into your own private property without your consent, place a GPS on your car, in which is private property ?
I wonder if they can be challenged in court with carjacking laws ? invasion of privacy laws ? vandalism laws ?
9 posted on 08/26/2010 7:50:30 PM PDT by American Constitutionalist (The fool has said in his heart, " there is no GOD " ..)
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To: markomalley
Governments don't have rights. They have powers.

Powers that are limited by the Constitution. Powers that come from the people.

People have rights. Those rights are from God. The Constitution enumerates some of them.

/johnny

10 posted on 08/26/2010 8:05:10 PM PDT by JRandomFreeper (Gone Galt)
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To: stuartcr
The 4th doesn’t really address tracking or trailing someone, which is what the GPS device is doing. It doesn’t search or seize anything. It’s essentially just following someone electronically.

Which hardly qualifies as being secure in your person.

11 posted on 08/26/2010 8:08:04 PM PDT by EternalVigilance (It's a time for choosing. You can have liberalism or you can have America. Pick one.)
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To: stuartcr
You have it upside down.

What, in the Constitution gives the government explicit power to track anyone?

The 4th amendment is a partial enumeration of the rights of the people given by God.

If a power isn't given to government in the Constitution, they are forbidden to that power. That's why they rely on 'interstate commerce' and 'general welfare'. Two terms that are badly misused if you read the founders intent.

/johnny

12 posted on 08/26/2010 8:10:04 PM PDT by JRandomFreeper (Gone Galt)
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To: markomalley

I see a (huge) commercial opportunity, in GPS detectors.


13 posted on 08/26/2010 8:10:19 PM PDT by Cringing Negativism Network (posting handle made more sense, back before CNN became a shoe-shine stand...)
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To: American Constitutionalist

They could always plant it when the car is parked in a public place.


14 posted on 08/26/2010 8:17:17 PM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: EternalVigilance

That’s true of course, to us. That’s the tricky part about the courts, people interpret things differently. It could probably be argued that the tracking device was for protective purposes.


15 posted on 08/26/2010 8:20:32 PM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: JRandomFreeper

I’m not a judge, my opinion means nothing, and I don’t like it anymore than others here. I’m just presenting a different point of view. Perhaps the tracking could be interpreted as protection? Maybe it could be considered the same as stop light cameras, only for individual vehicles and mobile. Maybe for traffic safety and control?


16 posted on 08/26/2010 8:24:32 PM PDT by stuartcr (Nancy Pelosi-Super MILF.................................Moron I'd Like to Forget)
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To: stuartcr
It could probably be argued that the tracking device was for protective purposes.

The Supremes have ruled that there is no obligation on government to protect any individual.

You miss the big picture. God gave people rights. People gave government limited powers.

When that government exceeds those powers, the government must be abolished or changed by the people.

/johnny

17 posted on 08/26/2010 8:25:58 PM PDT by JRandomFreeper (Gone Galt)
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To: stuartcr

What’s the legal difference between tracking and stalking?


18 posted on 08/26/2010 8:26:07 PM PDT by I am bigjohn
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To: markomalley
Do they have the right to track two suspected gay men (perhaps one being a politician) into a bedroom? I thought the Supreme Court already found that what goes on in the bedroom is private.

I guess the loophole is that traveling to the bedroom is not private, but once there anything goes.

That doesn't surprise me since this is the same crew that says, crossing the border without permission is illegal, but once there, anything goes.

-PJ

19 posted on 08/26/2010 8:28:17 PM PDT by Political Junkie Too ("Comprehensive" reform bills only end up as incomprehensible messes.)
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To: stuartcr

Evidently the technology already exists to (1) detect, (2) jam and/or (3) spoof GPS.

Look for those offering such products, to make windfall profits.

Detectors would tip off the subject - would be a shame if an expensive GPS tracking unit fell off and was stolen.


20 posted on 08/26/2010 8:30:10 PM PDT by Cringing Negativism Network (posting handle made more sense, back before CNN became a shoe-shine stand...)
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