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Wisconsin court upholds GPS tracking by police
Chicago Tribune ^ | 5/7/09 | Ryan Foley

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 ...


TOPICS: Crime/Corruption; Government; News/Current Events; US: Wisconsin
KEYWORDS: gps; privacy
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To: Huntress

21 posted on 05/10/2009 7:43:54 PM PDT by Travis McGee ("Foreign Enemies And Traitors" is being shipped from the printer.)
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To: packman

Yes.


22 posted on 05/10/2009 7:44:23 PM PDT by Travis McGee ("Foreign Enemies And Traitors" is being shipped from the printer.)
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To: Huntress

Truly frightening.


23 posted on 05/10/2009 7:46:15 PM PDT by DemforBush (Somebody wake me when sanity has returned to the nation.)
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To: Huntress
The Wisconsin Court's descision can be read here.

I find the decision most troubling, because the court would not have had to rule on legality and constitutionality the police using a GPS device without a warrant. In this case, the police did obtain a warrant to track the defendant, and the defendant's appeal challenged the validity of the warrant. Instead of simply upholding the validity of the warrant, the court, at the state's urging, gratuitously held that the state did not need a warrant in this case. The court overstepped its bounds by addressing an issue that was not properly before it.

24 posted on 05/10/2009 7:51:42 PM PDT by Huntress (Proud owner of Norman/Norma, the transsexual attack cat.)
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To: Neidermeyer

Just to clearify here. Onstar DOES have GPS. Onstar was originally Analog, But all Current systems are Digital and older systems in use have been upgraded to digital as analog is no longer supported. (I did several of these upgrades myself).Onstar may very well have memory of your locations as they can track a stolen car.On stars brains are not in the ECM(engine control module)but in the Onstar module itself.I beleive they probably could listen in on an inactive onstar system if they so desired as 911 capability is usually available on inactive cell phones.


25 posted on 05/10/2009 7:58:47 PM PDT by stratplayer
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Comment #26 Removed by Moderator

To: Neidermeyer

But now if you were a personal injury attorney and put one on each ambulance in town, think of the leads it could generate.


27 posted on 05/10/2009 8:35:54 PM PDT by Qout
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To: Clint Williams

Sex offenders and pedophiles will soon be a protected class.
I guess the feds will soon be arresting the Wisconsin police.


28 posted on 05/10/2009 8:36:56 PM PDT by Will we know the moment
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To: Nervous Tick

I’d destroy it and then look for the second one. And then maybe the third one.


29 posted on 05/10/2009 8:46:12 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Travis McGee

Bring it! Bring friends too! Should be a party .................... FRegards


30 posted on 05/10/2009 8:46:48 PM PDT by gonzo ( Buy ammo! You should already have the guns .................. FRegards)
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To: Nervous Tick
New opportunity: a scanner for determining whether the police have GPS-tagged you.

Short of physical (visual) search of your car, there is no way to "scan" for passive GPS receivers. The reason is simple - they do not transmit anything, they only receive.

But in order to receive they need an antenna that sees the sky (the GPS band is about 1.55 GHz and the line-of-sight propagation is required.) This means that there are only few good locations of those trackers (or their antennas, at least.)

There are also trackers that use cell phone networks to report your movements. These do transmit occasionally; however it's not known when they do so, and some networks (CDMA) are hard to detect reliably, due to low power of the transmitter and the wide band of the transmission.

Tracker and a GPS antenna.

Such a tracker can provide a great alibi for a criminal, as long as he uses another vehicle for a crime. GPS tracker does not know who is driving what car.

31 posted on 05/10/2009 8:49:57 PM PDT by Greysard
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To: navyblue
"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"

Well, that's a great question, and I really don't know if you can get away with it or not, but what I do know is that your vehicle DOES have a speed recorder in it, if it's less that about 7 years old, that records the speed of your vehicle during an airbag deployment. This is built into the computer, and is almost, or completely, permanent.....

32 posted on 05/10/2009 9:21:47 PM PDT by matthew fuller (FEAR NOT- Buckwheat has your back!)
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To: gonzo

Imagine if civilians put GPS trackers onto the cars belonging to LEOs.

They would go berserk.

One set of rules for the masters, another for the peons.


33 posted on 05/11/2009 4:15:59 AM PDT by Travis McGee ("Foreign Enemies And Traitors" is being shipped from the printer.)
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To: Travis McGee
"...Imagine if civilians put GPS trackers onto the cars belonging to LEOs..."

Not you too?!

Hey, it was fun when we were just chaining their rear-axles to fire hydrants.

But with these FWD - POS cars they drive now, I guess it's better than nothin' ................ FRegards

34 posted on 05/12/2009 12:54:29 AM PDT by gonzo ( Buy ammo! You should already have the guns .................. FRegards)
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To: stratplayer

OK ,, I can believe most of what you say... my “hands on” OnStar knowledge is a bit old ... I’m quite sure they have converted to CDMA/TDMA or GSM for their cellular service as analog towers no longer give adequate coverage.

If OnStar indeed has GPS why does GM advertise that you get driving directions from a live person... someone on the phone has to tell you when to turn and on what roads ... Do they install GPS positioning (to give the OnStar operator your position) but fail to install a simple 4.3” lcd screen?

You’re right about the brains of OnStar ,, they used to be in the “body” computer (most post 1996/OBD2 cars have 3 computers) .. The engine computer handles the engine and drivetrain ,, the body computer handles the electronic component diag for the body and also the airbags/seatbelt pretensioners and the final computer handles the anti-lock brake system and stability control (if installed).


35 posted on 05/12/2009 1:03:14 PM PDT by Neidermeyer
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To: Secret Agent Man; katiekins1
“I’d destroy it and then look for the second one. And then maybe the third one.”

Sounds good, but how does one spot the GPS device to begin with?

36 posted on 05/13/2009 11:02:42 AM PDT by seekthetruth
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To: seekthetruth; All
Sounds good, but how does one spot the GPS device to begin with?

Take into consideration an officer does not want to be seen. Therefore the GPS device will be placed in an easy accessible location. If one has left their vehicle for any amount time,always perform a vehicle inspection after arriving home with a flash light. When in doubt, put your vehicle on ramps or jack it up! I'm am confident the illegal GPS device will be located!

37 posted on 05/13/2009 12:32:09 PM PDT by katiekins1 (Obama=DickTater N Chief)
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To: Travis McGee

We would be noting numerous stationary periods at certain doughnut emporiums.


38 posted on 05/13/2009 1:02:58 PM PDT by xp38
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To: xp38

LOL! yeah baby!


39 posted on 05/13/2009 1:04:48 PM PDT by Travis McGee ("Foreign Enemies And Traitors" preorders are being mailed out.)
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To: Huntress
Wisconsin police can attach GPS to cars to secretly track anybody's movements without obtaining search warrants

Ridiculously unconstitutional.
40 posted on 05/13/2009 1:06:35 PM PDT by mysterio
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