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Supreme Court Rules that Warrants Needed for GPS Tracking (Scalia writes 4th amendment ruling!)
DCist ^ | 1/23/12 | Martin Austermuhl

Posted on 01/23/2012 9:47:35 AM PST by Recovering_Democrat

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...call me "hopeful" that Hussein's appointments of Sotomayor and Kagan are backfiring.
1 posted on 01/23/2012 9:47:44 AM PST by Recovering_Democrat
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To: Recovering_Democrat

This and the backup on SOPA is VERY IMPORTANT and is showing that in the internet/computer age, you have to be doubly vigilant to protect freedom.


2 posted on 01/23/2012 9:51:35 AM PST by LS
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To: Recovering_Democrat
I would like to see this extended to include the GPS data coming from my cell phone. Monitoring the GPS coordinates coming from my cell phone is no different than conducting a wire tap. Use of that data in a legal context should require an explicit warrant before the data is admissible as evidence in a legal proceeding.
3 posted on 01/23/2012 9:55:46 AM PST by Myrddin
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To: Recovering_Democrat

I’m actually surprised by the ruling, as the government has been only too happy to trample on our 4th amendment rights in the name of the so called “war on drugs”.


4 posted on 01/23/2012 9:58:50 AM PST by Scouts Honor
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To: Recovering_Democrat
"...call me "hopeful" that Hussein's appointments of Sotomayor and Kagan are backfiring."

I don't think you can read that into this case. One would expect these Justices to take a very broad view of 4th amendment protections. Criminal law is the one place liberal justices are hostile to big, activist government. But don't get me wrong, I don't this this was that broad a reading of the 4th amendment and was pretty much an easy slam dunk decision on the result. Scalia has always been pretty good on the 4th amendment and it doesn't surprise me at all sided with the liberals on the Court here.

5 posted on 01/23/2012 9:58:57 AM PST by circlecity
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To: Recovering_Democrat

Great news.


6 posted on 01/23/2012 9:59:23 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: circlecity

They also stood up for a church school to fire someone that wasn’t acting according to their beliefs.

Recently, I have been very surprised with this court.


7 posted on 01/23/2012 10:01:29 AM PST by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Myrddin

“I would like to see this extended to include the GPS data coming from my cell phone. Monitoring the GPS coordinates coming from my cell phone is no different than conducting a wire tap. Use of that data in a legal context should require an explicit warrant before the data is admissible as evidence in a legal proceeding. “

And let’s not forget FasTRAK/FastPass toll transponders. Here in Northern California CalTrans was forced to provide bags for your transponder that prevents it’s being tracked. It’s a pain in the ass to have to take it out to use it, but at least you have the satisfaction of knowing that they don’t know your every movement. Then, there are all the “smart utility meters,” another violation of your right of privacy.


8 posted on 01/23/2012 10:02:13 AM PST by vette6387 (Enough Already!)
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To: Myrddin

It thought that a court order was necessary for law enforcement to obtain cell phone tracking data for evidence. I think that a warrant is required if law enforcement wants to get real time access to cell phone tracking data.


9 posted on 01/23/2012 10:02:44 AM PST by businessprofessor
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To: redgolum

Last week they refused to hear a couple of cases against public school students who wrote objectionable comments about their principals on a website. The lower courts upheld the students’ rights and the Supreme Court refused to hear the cases, but my newspaper said the Court issued a statement warning the states not to interfere with students’ First Amendment rights.

I was amazed because the students’ actions were pretty outrageous.


10 posted on 01/23/2012 10:07:14 AM PST by goldi
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To: businessprofessor

they can probably circumvent that by not admitting they found someone that way. if it’s not admitted in evidence, just claim they used a person to track them down via good old shoeleather ,surveillance and paid informants.

who would be the wiser?


11 posted on 01/23/2012 10:07:34 AM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: businessprofessor

they can probably circumvent that by not admitting they found someone that way. if it’s not admitted in evidence, just claim they used a person to track them down via good old shoeleather ,surveillance and paid informants.

who would be the wiser?


12 posted on 01/23/2012 10:07:34 AM PST by WOBBLY BOB (Congress: Looting the future to bribe the present.)
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To: bamahead

Liberty ping.


13 posted on 01/23/2012 10:07:38 AM PST by Gene Eric (C'mon, Virginia -- are you with us or against us?!)
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To: Recovering_Democrat

http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf


14 posted on 01/23/2012 10:09:08 AM PST by abb ("What ISN'T in the news is often more important than what IS." Ed Biersmith, 1942 -)
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To: Recovering_Democrat

uh..and what about the GPS I carry on my cell phone?

Can they track me on THAT without a warrent?


15 posted on 01/23/2012 10:09:08 AM PST by G Larry (We need Bare Knuckles Newt to fight this battle.)
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To: redgolum
"They also stood up for a church school to fire someone that wasn’t acting according to their beliefs."

Again, in that situation the plaintiff had Pastoral duties and was for all intents and purposes an associate pastor. Thus, making the decision that the employer was protected by the first amendment wasn't a real tough call. That's why it was a 9-0 decision. Wait and see where they line up on the first 5-4 or 6-3 decision and then you can draw your conclusions.

16 posted on 01/23/2012 10:09:47 AM PST by circlecity
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To: redgolum

Also, since it is an election year I wouldn’t put it past those two Justices to cover Obama’s back by toning down their jurisprudence. They don’t wan’t Obama’s opponant to be able to point to any radical opinions of theirs as Exhibit A as to why it’s dangerous to re-elect Obama and give him the chance to appoint more radicals. Don’t worry, I have no doubt that Kagan at least will prove to be every bit as extreme as our greatest fears.


17 posted on 01/23/2012 10:14:59 AM PST by circlecity
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To: Recovering_Democrat

Why the concern for the privacy of local drug dealers when the privacy of law abiding citizens is daily violated?

http://neighbors.whitepages.com/

What else do they know about us?


18 posted on 01/23/2012 10:15:15 AM PST by 353FMG
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To: Scouts Honor

Nothing new here, he is part of the (holders people) protected class.


19 posted on 01/23/2012 10:15:59 AM PST by sniper63 (If Obama pats himself on the back anymore, his shoulder will dislocate.....)
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To: vette6387
Then, there are all the “smart utility meters,” another violation of your right of privacy.

BS. It is not an invasion is you consent to it.

A private contract for a specific pricing schedule for cheap electric service is NOT the same as the police collecting evidence on you for a criminal case.

If you are a free man, you can disconnect your electric service, get gas appliances and heat and run your lights off of solar/batts.

But 21st century Americans are such coddled candy asses that they think all their luxuries (which didn't even exist for the founders) should be given to them for free.

20 posted on 01/23/2012 10:27:41 AM PST by sam_paine (X .................................)
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