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The Government's New Right to Track Your Every Move With GPS
www.newsyahoo.com ^ | 8-25-10 | Adam Cohen

Posted on 08/25/2010 9:52:33 AM PDT by 444Flyer

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.

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.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; News/Current Events; US: California
KEYWORDS: 1984; 9thcircuit; bigbrother; corruption; fourthamendment; gps; gpstracking; kozinski; orwell; policestate; privacyrights; rapeofliberty; rfid; righttoprivacy; sionnsar; surveillance; warrantlesssearch
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To: Yo-Yo

Yeppers...It’s getting harder and harder to spoof these days, and still be able to communicate normally...


61 posted on 08/26/2010 8:37:06 AM PDT by stevie_d_64 (I'm jus' sayin')
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To: holden

The way they can get you by triangulation is concerning...I wish there was a way you could isolate and use only one, a single tower (cell) so that even though only one is actually used for data and voice, the triangulation from two or more towers in your immediate vacinity and not allow more than one tower to give you the service you need...

Or the ability to track you, effectively enough, through multiple sensors...

There may be a way to still locate you with one “cell”...It may give you a bearing, and to range you from that sensor, you could calculate the signal strength and bearing shift to determine the range along the signal bearing (direction)...

But if I talk too much more, I am afraid some “bubbleheads” ;-) are going to tell me to shoosh...


62 posted on 08/26/2010 8:44:54 AM PDT by stevie_d_64 (I'm jus' sayin')
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To: 444Flyer

bump


63 posted on 08/26/2010 9:30:59 AM PDT by tutstar
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To: Nightshift

gnip


64 posted on 08/26/2010 9:32:55 AM PDT by tutstar
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To: LucyT; BP2; rxsid; null and void; Candor7; melancholy

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.


65 posted on 08/26/2010 9:34:27 AM PDT by tutstar
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To: Yo-Yo

Seems to me a scanner of some sort would be in order -

something that would detect GPS and cell phone signals at short range so that you could scan your car for such devices...


66 posted on 08/26/2010 9:37:51 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
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To: MrB
Seems to me a scanner of some sort would be in order -

They make those as well, but most trackers are either passive - they record GPS travels, then the device is retrieved later and the info downloaded - which means nothing is detectable, or they use cell phone technology, which only broadcasts in short bursts infrequently, also very hard to detect with a scanner or spectrum analyzer.

Seems to me the real answer is the 9th Circus should have ruled that a warrant was required to install any tracking device, just as a warrant is required for a wire tap, a home search, or retrieval of phone or internet records.

Clowns.

67 posted on 08/26/2010 10:13:41 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: DustyMoment; 444Flyer
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.

Not mine. My driveway is 4 acres long and is posted as no trespassing. I catch anyone sneaking on my property in the dead of night or the middle of the day, they're liable to have some 'splainin' to do to my Smith & Wesson.

As for the bigger issue, I don't believe that the 9th Circus has read the 4th Amendment . . . . . . . or any other part of the Constitution for that matter!

-----------------------------------------------------------

I know the article mentions "driveways" in particular and this whole notion is clearly unconstitutional...but if you ever leave your property and park anywhere, they'll tag it anyway if that is their intention to begin with.

68 posted on 08/26/2010 10:29:12 AM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: 444Flyer; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; rxsid; ...
Image and video hosting by TinyPic

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.

That is the bizarre - and scary - rule that now applies in California and eight other Western states.

69 posted on 08/26/2010 11:07:33 AM PDT by LucyT
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To: rxsid
but if you ever leave your property and park anywhere, they'll tag it anyway if that is their intention to begin with.

True. But, if they're tailing me solely for the opportunity to put a GPS monitor on my car, then they are just wasting more taxpayer money; not that that matters to this bunch, anyway.

The Constitution has already been flushed down the toilet by zero and the Dems, so I don't think that will be much of an impediment to them.

So far, the law firm of mister's Smith and Wesson are gaining more popularity as the law of the land than the Congress. If Congress does not tread carefully, they will be introduced to our law firm and I don't think they will like the introductions!!

70 posted on 08/26/2010 11:11:03 AM PDT by DustyMoment
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To: 444Flyer

In Nevada, any official must have a warrant & the local Sheriff with them to come onto my property.

I am perimeter fenced & gates are closed at night. Dogs do their job. When they get upset in the middle of the night, I turn them loose to do their job.

IF anyone ever placed such a device on one of my vehicles or trailers, I would sue them for every penny I could get.


71 posted on 08/26/2010 11:59:28 AM PDT by ridesthemiles
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To: ThunderSleeps

There was a serious effort about 5 years ago to RFID all my animals. I would have had to report every time I took them off & onto the property- within 24 hours or face serious fines.

So far, many large animal owners have beat back these efforts. Since I own horses, I was not convinced that it was about ‘tracking cows for Mad Cow disease” problems.


72 posted on 08/26/2010 12:08:23 PM PDT by ridesthemiles
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To: 444Flyer
If you detect it on your car, you are free to remove it as well. Toss it into a bucket of water. You have no obligation to protect the equipment or leave it attached to your vehicle.
73 posted on 08/26/2010 12:10:12 PM PDT by Myrddin
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To: ShadowAce

Thanks for the ping.


74 posted on 08/26/2010 12:48:59 PM PDT by GOPJ (TIME Magazine - - a conserve-a-phobe publication.)
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To: LucyT
That is the bizarre - and scary...

Sometimes nightmares do come true.

75 posted on 08/26/2010 12:51:49 PM PDT by azishot (I can see November from my house!)
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To: ridesthemiles; 444Flyer
"IF anyone ever placed such a device on one of my vehicles or trailers, I would sue them for every penny I could get."

In the near term, I hope your not within the 9th circus courts jurisdiction. In the long term, I hope SCOTUS doesn't turn 5/4 lib progressive...else ALL of us would have no case then.

Hoping/Praying/Participating that this fall will see an avalanche of real change in D.C. (& the state and local governments across the country) or this country as a Constitutional Republic really is toast.

76 posted on 08/26/2010 1:04:48 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: ridesthemiles
IF anyone ever placed such a device on one of my vehicles or trailers, I would sue them for every penny I could get

Not me. I'd stick it on a container on some long=haul truck headed elsewhere and let 'em chase their tails for a while.

77 posted on 08/26/2010 4:52:29 PM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: 444Flyer

Governments don’t have rights. Only powers, The people have both rights and powers.


78 posted on 08/26/2010 7:44:07 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: 444Flyer

Governments don’t have rights. Only powers, The people have both rights and powers.


79 posted on 08/26/2010 7:44:13 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: FReepaholic
Can’t they track us now via our cellphone signal?

They can track you by what cells you are accessing. But the cell phone generally has a built in GPS unit,and they can supposedly access it's position solution.

80 posted on 08/26/2010 7:46:10 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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