Posted on 01/21/2005 11:01:49 AM PST by CrawDaddyCA
Cops without a warrant can secretly attach Global Positioning System devices to a suspect's vehicle, according to a federal judge - who said using the gadgets is virtually the same thing as following a car along a road.
The decision handed down by U.S. Judge David Hurd in upstate Utica last week could give law enforcement officials another high-tech weapon to catch criminals, but is troubling to privacy advocates.
Hurd ruled that Robert (Bugsy) Moran, a Hells Angel member and defense attorney accused of conspiring to distribute methamphetamine, had "no expectation of privacy in the whereabouts of his vehicle on a public roadway."
"Law enforcement personnel could have conducted a visual surveillance of the vehicle as it traveled on the public highways," Hurd wrote.
Assistant U.S. Attorney David Grable, who is prosecuting Moran, strongly backed the ruling.
"Your movements on a highway aren't private," he said. "You don't have a reasonable expectation of privacy, which is a Fourth Amendment test."
But civil liberties advocates said the decision opens the door to increased government surveillance.
Miniature GPS receivers are now available for about $1,000 and can be affixed to the undercarriage of vehicles in minutes.
Hurd's ruling is only binding in his upstate courtroom, said law Prof. Barry Kamins, but other judges will likely consult it.
"It's kinda scary," said Christopher Dunn, associate legal director of the New York City Liberties Union. "If this ruling applied to New York City, the NYPD would be free to go out and attach these devices to cars and track people without any showing of wrongdoing."
In the Laci Peterson murder case, California detectives got court permission to hide the devices on three of Scott Peterson's vehicles. They showed Peterson visited a marina they had searched several times.
Not all judges agree with the most recent federal ruling.
Last year, Nassau County Court Judge Joseph Calabrese said attaching a GPS device to a car amounted to a search and seizure. "At this time, more than ever, individuals must be given the constitutional protections necessary to their continued unfettered freedom from a 'big brother' society," he wrote.
I like that!...
This is like wire taps. Whatever they record, they can try to use, an attorney would have to get it thrown out. I won't even use EZ Pass, because I believe in personal freedom. OTOH, criminals have the most to fear with any type of "bug". Just as there are illegal wire taps, there will be illegal GPS attachments. I imagine private investigators have had these devices long before the police.
ACtually, it would be better to do it to politician's cars and post on a website, by district, where they are going and posit what they are doing. That would be a quick way to get this slapped down.
sssshhhh, still working out a business model.
And if a cop follows me around for a week, I can rightfully have charges brought up on him for Harassment. This is also no different.
Another issue, GPS signals are extremely weak. They must have a skyward view. You can block GPS signals with a piece of construction paper, so this device must have a visible antennae or it's going to be useless. A device under the bumper, in the wheel well or on the undercarriage isn't going to record much of anything.
Only to very general areas, and the police have to get a warrant to look at the cell company records.
Huge potential for abuse. Scary.
And The_Victor posted to CrawDaddyCA:
Miniature GPS receivers are now available for about $1,000 and can be affixed to the undercarriage of vehicles in minutes.They can also be found and removed in seconds. Know your vehicle.
I've been thinking about devices like radar detectors for several years and how, in certain states (like CT), they are illegal. Combining the ideas above I see a huge potential for some entrepreneur to reap BIG profits. This idea assumes that the devices in this article are transmitting the vehicle location (ala James Bond in Goldfinger) and not simply recorders left for later retrieval.
How about a generalized device to detect, sort out and classify EM radiation? It should be a fairly straightforward EE design task, combining the basic detection capabilities of devices like radar detectors with dedicated computer capabilities for isolating and identifying specific emissions. Such a device should be able to identify transmitters, such as those used to bug a car. It would also be able to detect radars, as they do now, but because they are general radiation detectors it may not fall under the laws such as Connecticut's ban on specialized "radar detectors."
Cobra Anti-Radiation Detector - $199.95 at your local Radio Shack!
It could also be used to identify and localize sources of radio interference for things like radios or TVs, check for dangerous microwave oven leaks, or even help isolate faulty wiring in an engine. An all purpose tool. Who could think of banning such a device?
If the GPS receivers in this story are simply placed on the vehicle, record the routes and stops, then later retrieved, then such a detector wouldn't spot them. However, keeping your vehicle in a locked garage would require a warrant or a B and E to either place or retrieve such a recording device, and that should be enough to cover the cautious/paranoid individual.
Paranoia Quotes I Live By:
I am no crowd. Only a fool would believe that cops will be attaching these devices willynilly. But feel free.
Most of those overeacting seem to be concerned about its danger. There will be few, if any, attached without need.
There is nothing which would prevent the Law from attacting them on a wholesale basis however except cost. It does not violate any constitutional provisions that I am aware of. Nor does it give the cops any authority in itself to do anything else.
Look for all the criminals to complain ...
I do hate to be the one to point this out to you two, but I have never noticed critical thinking to be your long suit, so perhaps I can do a public service here and make you aware of the obvious: if this "principle" is allowed to stand, it will NOT take long for it to translate from "deserving" criminals to political dissidents or foes of the current administration (can anyone say "President Hilary"???), just as many provisions of the USA-PATRIOT Act have been used to convert ordinary criminals into "domestic terrorists" and then, once again, simple opposition to any current administration could be so designated. Do you recall, perhaps, how Nixon sicced the IRS onto his political enemies? Remember how x-42 learned from that and did the identical thing to HIS opponents? The CONSERVATIVES??? Do we REALLY want this Pandora's Box opened? If it is, I don't even see "hope" left in it when all is let out.
Don't forget that our Constitution is all about putting chains on GOVERNMENT, and for good reason. The Founders intended the government to be our AGENT, not our RULER. And no agent can do anything his principal may not legitimately do...
If you haven't already done so, perhaps you could each set up a PayPal account so that some interested party can send you contributions so you can buy a clue...
You know nothing about me, pal.
because you are so mysterious
Send new contributions to the RNC or prove yourself a liar.
Attach one to the judges car and see what happens.
Are you able to defend your view, or is slogan shouting all you're capable of?
The Patriot Act is good because it helps us fight terrorists who use our own Constitutuion as interpreted by liberals and libertarians to kill us.
This new ruling is good because it allows law enforcement to track criminals who will no doubt be defended by the same liberals and libertarians.
Good idea but go a step further, place it on this judge's car!
1) If they have probable cause, they can get a wareent. This decision means they do not need a warrant, and thus are not under requirement to have probable cause
2) This ruling IS a danger to anybody who may be an "annoyance" to anyone with connections to a police department (which describes most conservative activists living in a Left wing town). Visualize a corrupt PD attaching this to the car of someone seen taking part in an "unapproved" demonstration, and using it to monitor where he goes afterward. And forwarding such info to thugs who have the job of "dealing" with "unapproved" people
What do you think about gun registration ?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.