Posted on 05/10/2009 6:41:21 PM PDT by Huntress
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 ...
"The idea that you can go and attach anything you want to somebody else's property without any court supervision, that's wrong," he said. "Without a warrant, they can do this on anybody they want."
For once, I agree with the ACLU.
It’s such a simple concept/scenario that even the ACLU can get it right.
It sure seems like “search.”
If I attached a GPS tracker to the police chiefs car and it was discovered and traced back to me the police would say it is a “suspicious device” “possible bomb” a “threat” and I’d have so many stacked charges against me I’d never get out of jail.
Should be perfectly legal, then, to destroy such a device when you find it on your car.
Or take it off and reattach it to someone else’s car! If the cops can, why can’t you? Maybe on their wife’s or kid’s car, eh? Or a city bus? UPS vehicle?
New opportunity: a scanner for determining whether the police have GPS-tagged you.
Observation: I bet they don’t get these devices from NSA. I bet they’re off the shelf. FOIA to find out who makes them so you can develop countermeasures.
Further observation: glad I don’t live in Wisconsin.
If I had a GPS tracker on my car, they would find my movements pretty boring; to work, back home, to work, back home, to the market, back home. Nonetheless, I woud rip it of if I found on my vehicle.
Offenders: you have no place to hide anymore. The State will Own you.
America -- a great idea, didn't last.
OnStar isn’t GPS ,, it is simply old school high powered analog cellular service wrapped up in a fancy package... to get your position they would triangulate with cell towers... for joe six-pack sheriff to get that info would require a search warrant... there is no memory in the OnStar system that would retain your movements although it could be done at the provider level.
So Far so good...
BUT.... The FBI (and others) can listen in on your conversations through the cell connection without turning on the red “system active” indicator light... and they can do that in any GM car that has the OnStar equipment installed ; OnStars brains are built into the engine computer, if OnStar is available on your car and you didn’t order it BUT you have a radio with the little hidden microphone THEY CAN LISTEN IN!
We can only hope that some individual or organization in Wisconsin will take aim and thrust this issue into a Federal Appeals Court and shepard the case all the way to the SCOTUS if necessary ... And sooner better than later for obvious reasons.
God Help us all if there is no courage to do so...
Yet another reason NOT to buy a GM vehicle. And I won’t.
If you don't want it, throw it away. Better yet, keep the OnStar and throw away the G.M. product.
YIKES!
Well, since they can attach anything they want to somebody’’s vehicle, does it follow that the owner of the vehicle has a right to remove this little doohickey from his private property and throw it into the nearst trash can? What does the test of reasonableness say about this
I’ve heard similar advice.....
+Open the hood.
+Remove the radiator cap.
+Park a different vehicle under the radiator cap.
+Install radiator cap.
+Close the hood.
Easily. Sure, driving down the street your position is public. Suppose I drive onto private property - a large ranch where I can't be publicly observed. I'm on private property, they have no right to obtain my position.
The device is some small amount of weight. That affects my gas mileage, shock absorber and tire wear... (ok, small but...) As an electrical device it represents some increased risk of igniting a fire in a collision... These guys are overstepping.
It sure seems like search.
If it’s not a search it sure seems like a trespass on private property.
GM should have been left to fold.
The tax payers will never ever see the money repaid, NEVER.
Shouldn’t the use of this device be considered stalking?
This sound like something the KGB would do. Do we live in the USSA?
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