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Wisconsin court upholds GPS tracking by police
ChicagoTribune.com ^ | May 7, 2009 | RYAN J. FOLEY

Posted on 05/10/2009 7:57:22 AM PDT by mtrott

MADISON, Wis. - Wisconsin police can attach GPS to cars to secretly track anybody's movements without obtaining search warrants, an appeals court ruled Thursday.

However, the District 4 Court of Appeals said it was "more than a little troubled" by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.

As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights -- even if the drivers aren't suspects.

Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison.

(Excerpt) Read more at chicagotribune.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Wisconsin
KEYWORDS: agenda21; corruption; democrats; digitalangel; donutwatch; gps; gpstracking; obama; rfid; thugswithabadge
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To: Gondring
Rental car companies do it...

I'll bet there's a clause in all such rental agreements in which you specifically acknowledge that you know it's there and give the rental company permission to do so.

41 posted on 05/10/2009 8:27:35 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: mtrott

“am I free to remove it from my property and throw it down a storm drain?”

Perhaps you are supposed to turn it in to your nearest police station as “lost property”.

It seems fairly clear that GPS use is OK, but attaching it to someone’s car should require a warrant. This court decision in that regard violates the 4th amendment.


42 posted on 05/10/2009 8:27:36 AM PDT by devere
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To: mtrott

Here is a business idea for someone with the skill and inclination to do it: A device that detects the emissions of a gps receiver.


43 posted on 05/10/2009 8:28:08 AM PDT by beef (Who Killed Kennewick Man?)
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To: mtrott

don’t throw it down the drain....just attach it to a pigeon.....


44 posted on 05/10/2009 8:29:06 AM PDT by mo
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To: LachlanMinnesota

Google “RFID”. These tags that can/are being used for “inventory purposes” on nearly ANY iten (clothes included) could be used to monitor us. The “REAL ID” Act really opened the flood gates for this crap. Cars have “black boxes” in them. Your cell phone is a homing beacon.


45 posted on 05/10/2009 8:29:25 AM PDT by GOPsterinMA (Where can I take 'Austrian' lessons?)
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To: mtrott

It would be a hell of a lot simpler if they would just implant everyone with chips.


46 posted on 05/10/2009 8:30:52 AM PDT by 2111USMC
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To: 2111USMC
"OK",

accountant from the end of Ghostbusters

47 posted on 05/10/2009 8:32:49 AM PDT by norraad ("What light!">Blues Brothers)
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To: LachlanMinnesota
Will they be able to attach something to my clothing next?

Perhaps a yellow "Star of David" or a Christian Cross?

48 posted on 05/10/2009 8:33:05 AM PDT by Don Corleone (Leave the gun..take the cannoli now reads "Oil the gun..eat the cannolis.")
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To: mtrott
Wisconsin police can attach GPS to cars to secretly track anybody's movements without obtaining search warrants

Completely and totally unconstitutional.
49 posted on 05/10/2009 8:33:43 AM PDT by mysterio
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To: Lets Roll NOW
Can private citizens put GPS on patrol cars so they know where the speed traps are? Only seems fair.

In Massachusetts it's against the law to flash your headlights to oncoming cars to warn them that they're approaching a cop car/speed trap.I know because I was once stopped for doing so.The cop was a guy I went to school with so he didn't give me a ticket...just a warning.

50 posted on 05/10/2009 8:35:32 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: Gondring

Well, maybe. There is a limit to what laws can or should be upheld by the courts. It is not automatic or mandatory that the court takes this position with every statute. Yes, in general, the courts are to interpret and apply the laws, but laws that violate constitutional protections should be struck down by courts. violation? Does this violate the right to free association, that is if your whereabouts are being tracked, are you free?


51 posted on 05/10/2009 8:36:11 AM PDT by mtrott
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To: Gay State Conservative
"O K, officer, I'll be good. "
52 posted on 05/10/2009 8:36:41 AM PDT by norraad ("What light!">Blues Brothers)
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To: GOPsterinMA
Cars have “black boxes” in them.

Yes they do.But can their data be harvested by police for use in a criminal cases without a warrant?

Your cell phone is a homing beacon.

Ditto above question.

53 posted on 05/10/2009 8:40:08 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: Gay State Conservative

I thought this had been struck down, on the basis that it was a constraint on freedom of speech. The flashing of lights is a form of communication. Besides, how does the government know that you are not just encouraging oncoming drivers to be good citizens and obey the law?


54 posted on 05/10/2009 8:41:09 AM PDT by mtrott
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To: mtrott
I thought this had been struck down....

That's certainly possible.This happened years ago.

55 posted on 05/10/2009 8:43:37 AM PDT by Gay State Conservative (Christian+Veteran=Terrorist)
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To: mtrott

Before it gets blown out of proportion, notice that the court said AS THE LAW READS NOW, AND noted that the court was disturbed by the language in the law, AND requested the legislature to re-write the law so that it would not be abused.

Currently, your vehicle can be tracked by numerous means already installed if it is GM and has the ?On-Star? device, or if your cell phone is GPS equipped, so, what is to be paranoid about this?

This isnt something that just happened in the last 100 days, this is something that has been slowly and deliberately developing over the last 50 years. It is the set up to put us under UN control. It isnt just about tracking a druggie, it is about controling your every moment.


56 posted on 05/10/2009 8:47:23 AM PDT by Concho ( When the people fear the govt it is tyranny. When the Govt fears the people it is liberty.)
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To: mtrott

http://works.bepress.com/cgi/viewcontent.cgi?article=1000&context=frederick_coolbroth


57 posted on 05/10/2009 8:48:09 AM PDT by org.whodat (Auto unions bad: Machinists union good=Hypocrisy)
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To: rellimpank

It’s obvious what a boot is and where it came from. If the device has no identification on it, then you don’t know whose it is and you have the right to treat it as trash.


58 posted on 05/10/2009 8:48:40 AM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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To: Gay State Conservative

I don’t know...but whether it is or isn’t any info gleaned from any of these devices will be used to screw you - especially with the current group of thugs that are cslling the shots.


59 posted on 05/10/2009 8:50:21 AM PDT by GOPsterinMA (Where can I take 'Austrian' lessons?)
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To: Gondring

hell must be about to freeze over because i actually agree with something gondring said. would it were that all courts would settle their “bothers” this way rather than smothering it in the legalese and fudging the decision.


60 posted on 05/10/2009 8:53:32 AM PDT by HiTech RedNeck (Beat a better path, and the world will build a mousetrap at your door.)
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