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.No reasonable expectation that the government isn't tracking your movements? Are we that far gone?
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.
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.
And you do not have the right to prevent them from spying on you.
Simply put an I hate AZ, Rainbow sticker on your car.
They will not track other Union members.
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!
Lifehacker.com has a story on jammers for this issue.....
Legality aside they are for sale.
Jammer world is also selling such.
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.
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
Which hardly qualifies as being secure in your person.
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
I see a (huge) commercial opportunity, in GPS detectors.
They could always plant it when the car is parked in a public place.
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.
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?
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
What’s the legal difference between tracking and stalking?
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
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.
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