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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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"...After all, if government agents can track people with secretly planted GPS devices virtually anytime they want, without having to go to a court for a warrant, we are one step closer to a classic police state - with technology taking on the role of the KGB or the East German Stasi."
1 posted on 08/25/2010 9:52:34 AM PDT by 444Flyer
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To: 444Flyer

Damn. Now they’re gonna know how many times I have to get up in the night to take a leak and sometimes an Obama.


2 posted on 08/25/2010 9:54:29 AM PDT by crosshairs (Celebrate diversity. Own a variety of firearms.)
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To: 444Flyer

Can’t they track us now via our cellphone signal? Do they have to have a warrant for that?


3 posted on 08/25/2010 9:57:11 AM PDT by FReepaholic (Yoiks...and away!!)
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To: 444Flyer

This was the major concern with GPS when it first came out....adds a whole new dimension to “Big Brother is Watching you”.....


4 posted on 08/25/2010 9:57:35 AM PDT by cranked
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To: 444Flyer

I pity the fool who has to track me. They will be bored unto death.


5 posted on 08/25/2010 9:58:02 AM PDT by liege (As for me, I'll pay more for tomatoes)
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To: 444Flyer

Then again, this is the 9th Circus, the most overturned Circus in the tent.


6 posted on 08/25/2010 9:58:44 AM PDT by NonValueAdded ("Obama suffers from decision-deficit disorder." Oliver North 6/25/10)
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To: 444Flyer

I believe that there are people in prison today for doing just this (usually ex-husbands). This ruling could conceivably affect their convictions and create a new standard for legal behavior for everyone.


7 posted on 08/25/2010 10:06:43 AM PDT by Ronaldus Magnus
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To: NonValueAdded

“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. “

Then again, I have the right to defend my property and if someone decides to come on mine in the middle of the night, the results will not be pretty.


8 posted on 08/25/2010 10:07:13 AM PDT by EQAndyBuzz (Remember March 23, 1775. Remember March 23, 2010)
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To: EQAndyBuzz
Then again, I have the right to defend my property and if someone decides to come on mine in the middle of the night, the results will not be pretty.

Note to feds violating my Constitutional rights....wearing ninja suits on my property at night might get you into a gunfight. Lots of feds might end up taking a dirt nap with laws such as in TX.

9 posted on 08/25/2010 10:09:13 AM PDT by DCBryan1 (FORGET the lawyers...first kill the "journalists". (Die Ritter der Kokosnuss))
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To: B4Ranch

Ping.


10 posted on 08/25/2010 10:10:08 AM PDT by Dr. Marten
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To: EQAndyBuzz

Where in the 9th Circus jurisdiction do you have that right to defend your property, assuming you mean with deadly force?


11 posted on 08/25/2010 10:12:17 AM PDT by NonValueAdded ("Obama suffers from decision-deficit disorder." Oliver North 6/25/10)
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To: 444Flyer
Invest in one of these.


12 posted on 08/25/2010 10:13:48 AM PDT by Yo-Yo (Is the /sarc tag really necessary?)
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To: 444Flyer

I’ve got a garage.


13 posted on 08/25/2010 10:17:41 AM PDT by Walmartian
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To: 444Flyer

And yet the tyranny continues.


14 posted on 08/25/2010 10:20:52 AM PDT by WKUHilltopper (Fix bayonets!)
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To: Walmartian
I’ve got a garage.

'Your garages, they belong to us

Pay Property taxes?

15 posted on 08/25/2010 10:22:51 AM PDT by libertarian27 (Ingsoc: Department of Life, Department of Liberty, Department of Happiness)
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To: Walmartian

They’ll just tag your vehicle when it’s parked somewhere. If they want to tag it they will tag it.


16 posted on 08/25/2010 10:23:30 AM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: FReepaholic
"Can’t they track us now via our cellphone signal? Do they have to have a warrant for that?"

Correct, and no, they do not need a warrant to track your location. The big three mobile carriers have an interface where law enforcement officials can log on with their ID# to track the real-time location of any user.

There is currently a federal initiative that provides welfare recipients with cell phones loaded with 70 free minutes per month at taxpayer expense. Naturally, these mobile phones also have GPS capabilities as required by law. This means those who might not otherwise have the ability to get a cell phone on their own credit standing are now traceable by the government as well.

When will the people of this country stand and say ENOUGH is ENOUGH?
17 posted on 08/25/2010 10:24:13 AM PDT by Dr. Marten
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To: DCBryan1

Texas law may exonerate you, but the DOJ will file suit against you for violating the agent’s constitutional right to break into your property (now that it has been established as a right).


18 posted on 08/25/2010 10:25:28 AM PDT by RightOnTheBorder
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To: Yo-Yo

Is that a joke or for real?


19 posted on 08/25/2010 10:26:38 AM PDT by Comparative Advantage
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To: Pan_Yan

ping


20 posted on 08/25/2010 10:29:37 AM PDT by Pan_Yans Wife (Utopia is being foisted on Americans for their own good.-- J. Robert Smith)
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To: 444Flyer
Governments don't have rights. They have powers.

/johnny

21 posted on 08/25/2010 10:29:40 AM PDT by JRandomFreeper (Gone Galt)
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To: Dr. Marten

http://blogs.forbes.com/andygreenberg/2010/08/24/full-body-scan-technology-deployed-in-street-roving-vans/?boxes=Homepagechannels

More and more people are going to look forward to the day when the shooting starts if this nonsense keeps up.


22 posted on 08/25/2010 10:33:18 AM PDT by B4Ranch (America was founded by MARKSMEN, not Marxists.)
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To: Walmartian

“I’ve got a garage.”

So do I; and two large dogs, an alarm system and a Mossberg 930 SPX.


23 posted on 08/25/2010 10:34:47 AM PDT by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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To: Comparative Advantage

For real but if you are going to use a credit card and carry a cell phone why worry about them snooping?


24 posted on 08/25/2010 10:36:30 AM PDT by B4Ranch (America was founded by MARKSMEN, not Marxists.)
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To: 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 treepassing. 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!

25 posted on 08/25/2010 10:43:14 AM PDT by DustyMoment
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To: 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!

26 posted on 08/25/2010 10:43:27 AM PDT by DustyMoment
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To: 444Flyer; All
"...The Government's New Right to Track Your Every Move With GPS..."

Poorly worded title.

The “Government” has no “rights”.

All it has are duties and responsibilities - first and foremost of which are the protection of our God-given rights (irrespective of its inability/reluctance to do so).

Only then does it have authorities - granted to its representatives by us, and limited in their application by the Constitution - under which it is supposed to carry out its duties and responsibilities.

It really is that simple.

Not that they care anymore...

27 posted on 08/25/2010 10:45:00 AM PDT by conservativeharleyguy (Democrats: Over 60 million fooled daily!)
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To: DustyMoment

Not all citizens are as financially fortunate as you.


28 posted on 08/25/2010 10:47:48 AM PDT by GunsAndBibles (God save Calif. - 'cause it's gonna take a miracle.)
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To: crosshairs
I have to get up in the night to take a leak and sometimes an Obama.

I take an Obama every morning around 7:00 A.M. Unfortunately, I don't wake up until around 8:00 A.M.

29 posted on 08/25/2010 10:48:04 AM PDT by Graybeard58 (Nobody reads tag lines.)
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To: liege

Thanks for the laugh! Same here!


30 posted on 08/25/2010 10:52:46 AM PDT by Sunshine Sister
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To: GunsAndBibles

Yes, I know. But, I’m not all that “financially fortunate”, I just got lucky on a piece of property outside of the city and got lucky with a manufactured home. Compared to prices in the city, it’s cheaper than you think.


31 posted on 08/25/2010 10:55:48 AM PDT by DustyMoment
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To: FReepaholic

When the state starts putting RFID chips (radio frequency identification) in drivers licenses, that will be the the official beginning of the Surveillance State, IMO.


32 posted on 08/25/2010 10:56:46 AM PDT by GunsAndBibles (God save Calif. - 'cause it's gonna take a miracle.)
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To: Yo-Yo

Thought I’d put a link out there for your toy.

http://www.thejammerstore.com/handheld-gps-jammer-gj02-p-152.html?zenid=3r43omtu4tcvsbuvvmtck8tfd6


33 posted on 08/25/2010 10:59:36 AM PDT by Centurion2000 (Three things you don't discuss in public; politics, religion, and choice of caliber.)
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To: 444Flyer

I saw a true crime show about a murder is Spokane. The police had a suspect and put a GPS device on his vehicle. Then they baited him to revisit the secret burial site by saying something like “Unless you buried that body 6 feet down, we’ll eventually find it. Animals will dig it up.” Sure enough, he went the the burial site. Police saw that he visited a remote location by tracking him by GPS. The police went there and found the grave. The GPS data was used as evidence.


34 posted on 08/25/2010 11:07:36 AM PDT by matt1234 (The only crisis 0bama can manage is one he intentionally created.)
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To: NonValueAdded

I’d be surprised if this decision isn’t overturned by the SCOTUS.

I’ve seen some evidence that wacko leftist environmentalists want to use GPS to track the number of miles we drive and then hit us with a carbon tax per mile driven.


35 posted on 08/25/2010 11:12:13 AM PDT by socialism_stinX (He pays his mortgage, took no TARP money, and hasn't dumped a dollar of toxic assets on taxpayers.)
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To: 444Flyer
A federal appeals court ruled Friday that the police can’t covertly track a suspect’s car using a GPS device for an extended period of time without getting a warrant.

The ruling in the D.C. Court of Appeals overturned the conviction of a suspected cocaine dealer, saying that the use of a secret GPS tracking device on the man’s vehicle for two months violated the Fourth Amendment’s protection against unreasonable searches and seizures. The ACLU and the Electronic Frontier Foundation filed a friend of the court brief supporting the challenge.

Read More http://www.wired.com/threatlevel/2010/08/gps-tracking-unconstitutional/#ixzz0xds9sbIx

It looks like we have two federal appeals courts that came to different conclusions on the same subject.

36 posted on 08/25/2010 11:14:01 AM PDT by lovesdogs
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To: cranked
This was the major concern with GPS when it first came out....

I call BS. At worst, this would be an attempted rewrite of history; at best it shows sheer ignorance. GPS, insofar as humans use it, consists of only a passive receiver that reports a 2D or 3D position. Only an very small percentage of receivers integrate any transmission that could be traced externally as, "Here I am!", as do commercial truck company GPS devices.

HF

37 posted on 08/25/2010 11:32:16 AM PDT by holden
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To: FReepaholic
Can’t they track us now via our cellphone signal? Do they have to have a warrant for that?

I think I read a court made a ruling recently, that we have no reasonable right of privacy of location, or text messages.

I think that means no warrant required.

38 posted on 08/25/2010 11:36:31 AM PDT by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: EQAndyBuzz
the results will not be pretty.

In California, I am afraid you would be in deep dudu.

39 posted on 08/25/2010 11:38:13 AM PDT by itsahoot (We the people allowed Republican leadership to get us here, only God's Grace can get us out.)
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To: matt1234

With a warrent that is fine, without one is reason people complain.


40 posted on 08/25/2010 12:01:01 PM PDT by Ratman83
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To: 444Flyer
Judge Kozinski is a leading conservative, appointed by President Ronald Reagan, but in his dissent he came across as a raging liberal. "There's been much talk about diversity on the bench, but there's one kind of diversity that doesn't exist," he wrote. "No truly poor people are appointed as federal judges, or as state judges for that matter." The judges in the majority, he charged, were guilty of "cultural elitism."

How is he being a liberal much less a "raging liberal?" Sounds to me like he is deriding the liberal meme of 'diversity' by pointing out a very real disparity in "equal treatment under the law" that apparently the liberal judges on the court care nothing about.

41 posted on 08/25/2010 12:16:01 PM PDT by TigersEye (Greenhouse Theory is false. Totally debunked. "GH gases" is a non-sequitur.)
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To: NonValueAdded
== Then again, this is the 9th Circus, the most overturned Circus in the tent. ==

Oh, you must mean the black-robed clowns.

42 posted on 08/25/2010 12:21:31 PM PDT by SloopJohnB (CONGRESS.SYS version 11.2010 available soon at a voting booth near you.)
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To: liege

Well, that makes two of us. They’d soon go nuts from tracking me from my house out to the street—taking out the trash and going to the mailbox! ha ha.


43 posted on 08/25/2010 12:47:26 PM PDT by Patsygirl
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To: SVTCobra03
*** So do I; and two large dogs, an alarm system and a Mossberg 930 SPX. ***

Whew, that looks like one sweeeeeeet shotgun.

I'm looking for a Mossberg, that's now on my list :-)

44 posted on 08/25/2010 12:49:18 PM PDT by Condor51 (SAT CONG!)
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To: socialism_stinX

Our auto insurance is already based on miles driven per vehicle. So, that information is already available.


45 posted on 08/25/2010 12:57:54 PM PDT by reformedliberal
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To: reformedliberal

It’s not available in my state. The only information my insurance company has is whether I drive more than 7500 miles per year or less than 7500 miles, and they get that information from me.


46 posted on 08/25/2010 1:29:57 PM PDT by socialism_stinX (He pays his mortgage, took no TARP money, and hasn't dumped a dollar of toxic assets on taxpayers.)
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To: conservativeharleyguy
"Poorly worded title.

The “Government” has no “rights”.

All it has are duties and responsibilities - first and foremost of which are the protection of our God-given rights (irrespective of its inability/reluctance to do so).

Only then does it have authorities - granted to its representatives by us, and limited in their application by the Constitution - under which it is supposed to carry out its duties and responsibilities.

It really is that simple."

Spot on! The title is going with the Barack Al-Bama dream version of a Constitution. Where the goobermint has all the power and the citizens eat cow pie.

47 posted on 08/25/2010 1:47:46 PM PDT by 444Flyer (We are the end of the line.)
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To: socialism_stinX

Ours has began requesting odometer readings to verify our statements. We keep close records, as well, for warranty and maintenance purposes.

What to do? No one is listening to we, the people, any more. We are rural and still work, so our mileage is likely high by urban standards.


48 posted on 08/25/2010 2:03:36 PM PDT by reformedliberal
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To: Comparative Advantage

http://www.thesignaljammer.com/products/GPS-Jammer.html


49 posted on 08/25/2010 2:12:36 PM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: Condor51

“I’m looking for a Mossberg, that’s now on my list :-)”

And the price is much better than that of the Benelli M4 Tactical.


50 posted on 08/25/2010 2:24:20 PM PDT by SVTCobra03 (You can never have enough friends, horsepower or ammunition.)
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