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ATS: Judge Rules Police Don't Need Warrant to Attach GPS Tracker to Car

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posted on Jan, 13 2005 @ 07:44 AM
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A federal judge in New York ruled that police who attached a GPS tracking device to a suspects car, did not need a warrant to use the device. Judge Hurd stated that the police did not need a warrant to follow the defendant on public roads, and the GPS device was the electronic equivalent of following someone. The defendant had no right to expect privacy of his whereabouts while in public.
 


timesunion.com - Ruling gives cops leeway with GPS
In a decision that could dramatically affect criminal investigations nationwide, a federal judge has ruled police didn't need a warrant when they attached a satellite tracking device to the underbelly of a car being driven by a suspected Hells Angels operative.
Hurd opined that authorities wouldn't need a warrant had they decided to follow Moran, so using a GPS device was merely a simpler way to track his car "as it traveled on the public highways," he wrote. "Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway. Thus, there was no search or seizure and no Fourth Amendment implications in the use of the GPS device."

Please visit the link provided for the complete story.

This case will most likely end up reaching the Supreme Court where some fear that it could be upheld. If so then U.S. citizens can not expect their travels in public to remain a private issue. Newer cars and cell phones are usually equipped with GPS devices, so could police simply tap into these to obtain information about your whereabouts? One could also argue that if a warrant is not needed, then anyone could attach a GPS device to your car and track you wherever you go. If they can legally follow you in public, then a GPS device attached to your car simply automates a perfectly legal activity.

Expect to hear more on this issue in the future. If you are suspect, then you will be tagged and followed by satellite technology. You may even already be carrying the tracking device with you right now.




posted on Jan, 13 2005 @ 07:47 AM
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that's fair. it would definately be more efficient to place trackers on cars but more expensive.



posted on Jan, 13 2005 @ 07:55 AM
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Welcome to the "Brave New World" America. Alone with "security" cams all over every populated area you all are now going to be monitored wherever you go and when you cross the speed limit "INSTANT TICKET" I can see MAJOR abuses taking place with this technology and I believe this case will go all the way to the Supreme Court.

[edit on 13-1-2005 by sardion2000]



posted on Jan, 13 2005 @ 08:07 AM
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For starters, the GPS cannot tell the difference between Private roads and public roads, private or public property. The comment "The defendant had no right to expect privacy of his whereabouts while in public. " makes me nervous. A GPS is NOT the same as just following someone. Why not put the GPS receivers on every car just in case (sarcastic)... (little black boxes). Just turn them on if needed. (yeah right) After all, you are not entitled to move anywhere in public without the government knowing it anyway.
Maybe everyone should have to have a camera in the car that records every physical action you make coupled with the GPS receiver and a tap on your cellphone. After all, it is the same as someone following you with binoculars and a directional microphone, and a Tech-center van it is just simpler, right!?. According to this judge, Big Brother IS watching and you have no right to expect otherwise in public. Instead of interrogating people, why don't we just give 'em some truth serum. After all, it is the same as interrogating, just simpler (yeah, sure). NO REASON TO CHALLENGE THE DECISION THOUGH. THE PATRIOT ACT WOULD APPROVE!!! GRRRRRRR!


THE GOVERNMENT IS ON FIRE!!!!!!!
SOMEBODY GET SOME FREAKIN' WATER!!!!!



posted on Jan, 13 2005 @ 08:20 AM
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Originally posted by TheWrAiTH
Why not put the GPS receivers on every car just in case (sarcastic)...

O they are putting them in your cars, and you're paying them to do it. "This is On Star, can I help you?" And it's not just OnStar that's doing this. Check out this new gimmick by an insurance company in the UK. You pay to have a GPS device installed in your car to track you expecting insurance savings. That's right you pay them £199 to put a GPS tracking device in your car. Resistance is futile. Just give in and get one installed.

[edit on 13-1-2005 by dbates]



posted on Jan, 13 2005 @ 08:30 AM
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I would assume the serious modern bad guy would go HI-TECH as well. Maybe using anti spy gadgets...

I hate big brother..



posted on Jan, 13 2005 @ 08:51 AM
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i have a degree in electronics, and i have a pretty decent job, but i dont like it. I have always wanted to sell counter surveilance items to criminals like in the move 'casino' just to spite the abusers of such technologies.

a gps tracker detector would be 100% legal for me to sell, but a scrambler would be illegal. if i sold a detector to a criminal being tracked and he found the gps device and put it on a public bus how funny would that be? to me very.



posted on Jan, 13 2005 @ 10:34 AM
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Well said wraith..

This is becoming quite scary... eveyone will have a reason to be arrested... (believe me, even at my church, most are guilty of breaking some unenforced law)... Just remember the sacred formula for the rich... It is much cheaper now (with private prisons, one of largest PAC groups) to imprison people than pay for their welfare programs...
also remember that felons can't vote...

dont say or do anything in public that you wouldn't want to explain to the police... cause you will have to soon enough.

until the judges get followed to there illicit romantic rendevous or the police get followed to their "friendly" hooker... this will continue...
they have to be shown that this affects everyone badly...
so my solution is spy on your law makers... using every method that does not require a warrant (using the newly loosened privacy laws to back your actions).
remember, that if it is legal for a police officer to do it, then it is legal for the average citizen making a citizens arrest....

We have to show the people in charge that lack of privacy affects much more than law breakers...



posted on Jan, 13 2005 @ 10:52 AM
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Originally posted by dbates
This case will most likely end up reaching the Supreme Court where some fear that it could be upheld. If so then U.S. citizens can not expect their travels in public to remain a private issue.

This is nothing new; this has always been the case. You have no basis to assume that your public travels are, or should be, a private matter.



posted on Jan, 13 2005 @ 11:10 AM
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This has got to be a gag! It's just too far to be true and public information. That is not to say that I trust the administration in the least, but it is difficult to believe that you are not living in the birth of a police state and hear things like this.



posted on Jan, 13 2005 @ 11:25 AM
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Actually the way I was taught it in school we have the right to move about freely in America. This is not only unconstitutional but beings as I have had my rights trampled in the name of so called investigations it makes me doubly angry. Wake the f--k up people!! Governments don't do this because they are concerned about your health and well being.



posted on Jan, 13 2005 @ 11:27 AM
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Originally posted by astral_ice
Actually the way I was taught it in school we have the right to move about freely in America. This is not only unconstitutional but beings as I have had my rights trampled in the name of so called investigations it makes me doubly angry. Wake the f--k up people!! Governments don't do this because they are concerned about your health and well being.


You're right they do this for thier rights,freedom and selfish interests. I believe Its almost too late to take back the US peacefully, if it goes too far then the only thing that could change the country is another revolution...



posted on Jan, 13 2005 @ 11:35 AM
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"Unconstitutional"?
Not hardly.

Get used to it. In the very near future, virtually every car made will have one. Don't like it? Buy a bike. Walk. Get a bus. But be assured, its not "unconstitutional," in any way, shape, or form. If it was, it would not be getting installed on factory cars, etc. Airplanes are going to this, also. Got a problem with that? Swim. Go by boat. Ride a bike. Take a bus.


Besides, in this whole thread of complaints, Big Brother this and that, and violations of such and such, not one member has mentioned how this could be viewed and deemed beneficial. Amazing.

"Revolution"....yeah...right. Keep waiting for it, k?



seekerof

[edit on 13-1-2005 by Seekerof]



posted on Jan, 13 2005 @ 11:39 AM
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This is so funny, with all the non brains out there they will end up putting this devices on their wives or boyfriend's car to see what they are doing.

And also some may even improvised to see what their teenage children are going.

Everything that is not control is going to end in the hands of the non brains of the police force, misused and abused I see it comming.



posted on Jan, 13 2005 @ 11:42 AM
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Nah, I think a warrant should be needed for this kind of survaillance. I can see where an emergency might give an officer probable cause but, as in entering and searching a residence, they must provide the reason for the probable cause. These might include an individual fleeing the scene of a crime in progress but certainly a routine surveillance operation would need to require a warrant. This judge may need to look at the law and stop legislating from the bench.

We appoint them to interpret and uphold laws, not infer their own.



posted on Jan, 13 2005 @ 11:42 AM
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Until the government is inside your car, listening to your private converstations, or observing you actions that occur inside your car, there is not invasion of privacy.

Simple tracking the location of a vehicle is not an invasion of privacy, UNLESS you happen to have a couple of hundred square miles of real estate you can hide your car on - then maybe you could argue that a GPS locator was invading your privacy. But on the normal highways and byways, no invasion is happening.

Now, if these devices start morphing into something that collects metrics and data regarding your driving habits, audio and visual information, etc. thant might be a different cup of tea....



posted on Jan, 13 2005 @ 11:44 AM
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As has become the usual course of events, private citizens will have to protect their rights themselves. Time to do a little research into gps blockers.



posted on Jan, 13 2005 @ 11:45 AM
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Ha Seekerof, so you don't care if they want to monitor you? I agree about the uprising not happening but you thing them bugging everyones car is alright?



posted on Jan, 13 2005 @ 11:46 AM
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.
.
.
Unconstitutional? ...Depends on the interpretation, and who's doing the interpreting.

Scary? Yes.

Big brother? You betcha.

Police state? Nothing but.




Need to go curl up in fetal position.
.



posted on Jan, 13 2005 @ 11:46 AM
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Marg?
Got a car with an manufacturer installed map system? Instar? Etc? Cause if you do, guess what? Got'cha!


It's coming and quickly.
You have been warned.
In cars alone, unless you buy an ancient piece of crap or classic, every automobile will have some sort of active GPS system on it.

*shakes head*
People making such a fuss over nothing and steadily disregard the benefits such a system could bring, and disregard the simple factoid that this is simply the wave of the future. As to "misused and abused"...that can be said for anything these days, Marg. You heard the latest? Fruit-a-Loom has just come out and said that wearing their underwear will give you cancer....

Get the point?
Again, fuss over nothing.
Cheese with that whine anyone?
duh:



seekerof



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