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Topic started on 17-9-2009 @ 04:14 PM by warrenb
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State's top court OK's use of secret GPS tracking devices
For the first time, the state's highest court ruled today that the state Declaration of Rights allows police to break into a suspect’s car to
secretly install GPS tracking devices, provided they have a warrant before they act.
In a unanimous ruling written by Justice Judith Cowin, the Supreme Judicial Court upheld the drug trafficking conviction of Everett H. Connolly, a
Cape Cod man who was tracked by State Police after they installed a GPS device in his minivan.
The court said using GPS devices as an investigative tool – which can require police to secretly break into a vehicle to install the device – does
not violate the ban on unreasonable search and seizures found in the state’s Declaration of Rights.
“We hold that warrants for GPS monitoring of a vehicle may be issued,’’ Cowin wrote. “The Commonwealth must establish, before a magistrate…
that GPS monitoring of the vehicle will produce evidence’’ that a crime has been committed, or will be committed in the near future.
The SJC said the devices can only be installed for 15 days. Generally, search warrants are in effect for just seven days.
www.boston.com...
So the device can only be installed for 15 days, or so they say. How do they plan on recovering it? If they claim to conveniently forget it was
installed, do you have any legal recourse? This is messed up!
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reply posted on 17-9-2009 @ 04:19 PM by marg6043
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Well how nice, I wonder how many husbands or wives will be installing these devices to monitor their deceiving loves ones as the devices can be
purchase independently.
I wonder why Massachusetts doesn't fall into the water once and for all, it should be an independent Island far and away from the rest of the free
nation of the US.
Let see, mandatory vaccinations, tracking bracelets, very soon they will be the first state to allow mandatory implanted chips.
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reply posted on 17-9-2009 @ 04:34 PM by Phage
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reply to post by marg6043
GPS trackers have been available for quite a while. There is nothing illegal about putting one on a car which has your name on the title. This law has
nothing to do with that.
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reply posted on 17-9-2009 @ 04:38 PM by marg6043
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reply to post by Phage
Yes they have been around for a while, but having the court in one state allowing authorities to used them is not.
As usual who is going to monitor those that will be using the devices with court order and who is going to make sure that they will not be use without
court order just for the heck of it.
America has a nasty history of oversight and corruption, from government all the way down.
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reply posted on 17-9-2009 @ 04:42 PM by Phage
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reply to post by marg6043
Well, you were talking about spouses tracking each other.
But I guess if you don't believe in legal searches (by warrant) you won't go for legal GPS tracking (or covert surveillance) either.
If it's being done illegally, how does this ruling change anything?
[edit on 9/17/2009 by Phage]
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reply posted on 17-9-2009 @ 04:45 PM by Grayelf2009
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What is going on in that state ?? The rights there are falling like dommino's. And is going to spread like a virus across the nation. Its gonna be a
long winter.
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reply posted on 17-9-2009 @ 04:50 PM by total_slacker
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reply to post by warrenb
If I were a suspect being tracked by one of these devices I would want the police to "accidentally" leave it in place. I would think that any good
defense attorney would very likely get any evidence collected after the 15 day period tossed out on the grounds that the warrant was no longer
valid.
Of course....I'm not a lawyer and I don't even play one on TV......so I could be all wrong about that.
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reply posted on 17-9-2009 @ 04:50 PM by marg6043
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Wait a minute, how secret is going to be if now people knows is going to be used, so people will be checking their cars to see if they have one.
I mean If I find something in my car that I know I didn't put in there and it didn't come with my car you bet you butt I am going to reap it off.
Unless they are planning to have them already in the cars from the manufactures and only activate them on request by court.
Whoops we already have them in the cars is call ON STAR, I knew this was done for a purpose, just like the littler nasty black boxes that
cars also have now a days
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reply posted on 22-9-2009 @ 03:40 AM by ANNED
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Rental cars also have GPS trackers on them.
Many trucking companies are putting tracker on there trucks and trailers.
In some areas farmers are using them on there equipment.
And a few companies are even putting them on company cars.(do you drive a company car and park it in a bar parking lot after work.
Most of these tracker use cell phone frequencies to report home through cell phone towers.
So trying to find them by looking for there signal is almost useless.
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