How convoluted in their reasoning can these libtard bastard judges get?
I think that it was about attaching devices to our automobiles, not tailing someone.
No... that;s not what they said.
They said, the government cannot use GPS technology to track defendants.
No one was “searching” or “seizing” here, just attaching and following.
This character’s arrest ended with the largest drug bust in DC history but the ACLU and others had to aid his defense? It’s not as if he were a typical street thug trafficking in small numbers.
It’ll be interesting to see who the 3 judges on the panel are. Also, hopefully, it will be reversed by the full court, or at least SCOTUS.
I just looked up recent opinions at the US Court of Appeals for the DC Circuit, and can’t ID this case from their list?
08-3030-1259298.pdf USA v. Lawrence Maynard Released August 6, 2010
08-3115-1259307.pdf USA v. Ernest Tepper Released August 6, 2010
08-5182-1258669.pdf United States of America v. Project on Govt. Oversight Released August 3, 2010
08-5385-1259314.pdf Tony Sellmon v. Isaac Fulwood, Jr. Released August 6, 2010
09-1042-1259322.pdf NetCoalition v. SEC Released August 6, 2010
09-5176-1259328.pdf Michael Boardley v. Department of Interior Released August 6, 2010
09-5286-1258679.pdf Nick Koretoff v. Tom Vilsack Released August 3, 2010
09-5360-1259333.pdf Howmet Corporation v. EPA Released August 6, 2010
09-7079-1259339.pdf MBI Group, Inc. v. Credit Foncier Du Cameroun Released August 6, 2010
http://pacer.cadc.uscourts.gov/common/opinions/201008.htm
Actually, this was not a “libtard” panel, and, actually, it is a pretty sound decision. You can read the opinion for yourself on the DC Circuit website at the following link:
http://www.cadc.uscourts.gov/bin/opinions/allopinions.asp
The case is US v. Maynard, No. 08-3030, and was issued on August 6, 2010.
First, there were two defendants from the same drug crimes. Maynard’s conviction was affirmed; Jones’ conviction was reversed.
Second, the panel is far from a bunch of egg sucking liberal dogs. It consisted of Douglas H. Ginsburg, a Ronald Reagan appointee (remember him, he was nominated for the Supreme Court, but had to withdraw when it was found out that he smoked a little pot with students while a law professor at Harvard); Thomas B. Griffith, a Bush 43 appointee and former law professor at BYU; and David S. Tatel, a Clinton appointee but a pretty neat guy (he is blind but was a marathon runner in his younger days; he came to the court from the same place as John Roberts—a partnership at the DC firm once known as Hogan and Hartson). Ginsburg and Griffith are conservatives; Tatel has struck me as a fairly sane and rational judge (I am a member of the DC Circuit Bar and have argued cases in front of Ginsburg and Tatel).
I think the concept of requiring the government to get a warrant before attaching a GPS unit to your car is sound; they’ve got no business engaging in warrantless tracking (which is in essence a search) without a warrant. This is a different concept from hot pursuit.
Just to be fair, what happened to all the screeching about Presidential snooping under Bush, which came to a staccato silence under Obama? There is, at best, a gross partisan bias here.
Fairly soon, we can expect some arrests being made for transporting raw milk across the state line from PA to NJ... using EZ Pass data.
Larry Flynt:
If the First Amendment will protect a scumbag like me, it will protect all of you.
Why attach a tracker when most people carry a cell phone with a gps device installed. The FBI can track you very easily.
Not to be tin foil here but could this big time cocaine dealer been tied to supplying the Gay Men of Politics Club in DC?
Yah know the one that moved in from Chicago on the Low Down?
Can’t have leaks outside of the men’s urninal ya know.
tail suspects yes, attach a tracking device without a warrant no.
this is akin to the ruling that outlawed the use of infrared cameras to look into people’s houses without a warrant.
Ruling that federal agents erred in attaching a satellite tracking device to a vehicle without a search warrant, a federal appeals court has reversed the life sentence of man accused of running a major Washington drug ring.The judge doesn't have to live outside his gated community. Thanks Zakeet.