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 ...
/johnny
More and more people are going to look forward to the day when the shooting starts if this nonsense keeps up.
“I’ve got a garage.”
So do I; and two large dogs, an alarm system and a Mossberg 930 SPX.
For real but if you are going to use a credit card and carry a cell phone why worry about them snooping?
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!
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!
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...
Not all citizens are as financially fortunate as you.
I take an Obama every morning around 7:00 A.M. Unfortunately, I don't wake up until around 8:00 A.M.
Thanks for the laugh! Same here!
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.
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.
Thought I’d put a link out there for your toy.
http://www.thejammerstore.com/handheld-gps-jammer-gj02-p-152.html?zenid=3r43omtu4tcvsbuvvmtck8tfd6
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.
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.
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.
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
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.
In California, I am afraid you would be in deep dudu.
With a warrent that is fine, without one is reason people complain.
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