Posted on 04/06/2009 8:14:22 AM PDT by Graybeard58
WATERBURY — Although they don't often advertise the fact, police are using GPS tracking devices to keep tabs on suspects by attaching the gadgets to their cars.
But that clandestine technique is under fire.
Civil liberties advocates are challenging a New York court ruling that police aren't required to obtain court warrants before they secretly affix the devices to cars. Six nonprofit associations, including the National Association of Criminal Defense Lawyers, are appealing that decision, the outcome of which is expected to set a precedent for privacy rights.
GPS tracking devices are inexpensive and take less than a minute to affix underneath a car. They are becoming more popular among police as a way to track suspects. An officer doesn't have to tail a car for hours to know where the suspect has been; the suspect's movements can be traced on a desktop computer.
The debate now before the New York Court of Appeals centers on the case of 41-year-old Scott C. Weaver, who was arrested after police attached a battery-powered device under the bumper of his van while it was parked on a public street.
For about two months, police tracked and recorded his movements. Eventually they charged him with burglarizing a Kmart and a meat market near Albany based on the tracking data provided by the GPS unit, which showed his van was near the stores during the thefts.
Weaver's attorney argued that GPS data should be suppressed by the court because police didn't obtain a warrant before attaching the device. A court disagreed with that argument and convicted him in 2007 of third-degree burglary and attempted second-degree grand larceny based on the data provided by the unit.
Five judges in a New York panel reviewed his case, and in a 4-1 decision ruled that police can plant the devices without any judicial oversight.
The panel ruled that people have less expectation of privacy when they're in their cars than when they're in their homes. Police don't need a warrant to watch drivers while they're in plain view driving on public roads, and GPS technology is merely an extension of that basic police work, the court ruled.
Ping to a Republican-American Editorial.
If you want on or off this list, let me know.
They need to get the warrant. Its a slippery slope to all
cars needing one for road tax, or any reason our rulers
decide is necessary.
If a court gives the order, I think we should do it. Should be the same as a wire-tap.
I say I’m going home to check under my vehicles. They can track your movements if you have a cell phone, too.
I’m no Constitutional Lawyer but I see nothing wrong with it. Don’t take all the technology away from our police.
Don’t take all our liberty away from the citizens!
If people obey the law, they have nothing to worry about. Break the law and you loose your libertys.
“..all cars needing one for road tax..”
Good!
My tax will be low with the unit nailed to my garage wall.
What do you expect with parts provided by the low bidder?
So you see nothing wrong with someone sticking something on your car without your permission? No evidence of crime, no court order?
I know it’s only an assumption but I think they would have good reason for doing something like this. Does it take a court order to follow someone around? If organized crime is involved in one thing or another, does it take a court order to investigate? Pretty soon, even out military will need a court order to defend themselves.
The courts have wrongly claimed the lessened expectation of privacy in a vehicle ;I suppose that explains all the dark windows that make it near impossible to see the vehicle occupants.
Why,all the authorities need do is implant devices to continually track the location and action of every slave/citizen and the world will be so much safe.
No doubt there is some FOOL who will proclaim"if you aren't doing something wrong,it shouldn't matter"!
The psychologists used to diagnose persons who believed that somebody was watching them all the time,as paranoid;now some people think that should just be American citizen.
How long before someone comes out with a device to jam GPSs?
Cell phone jammers are already being sold but are not legal in this country.
Illegal in my state and if you are from a state that allows them you will still be ticketed if you cross the border into my state.
#16 was meant to be addressed to you.
I don’t know......do you? I’m not that paranoid about stuff like that. I am one that supports our police. I grew up with many in my neighborhood. They are good people. But like most industries, there are some bad ones. In general, they are good people.....as are our firemen/women.
I disagree. If the cops want to use a helicopter and film your every movement, OK, but I don’t think they should be able to attach something to you vehicle (private property). Nor should they be able to force Onstar to give them data without a warrant.
The police should not be allowed to do anything to my car (without court order) that they would be upset to find ME having done to THEIR cars.
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