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For the first time, the Supreme Judicial Court ruled yesterday that the state constitution allows police to break into a suspect’s car to secretly install tracking devices using a global positioning system, provided that authorities have a warrant before they do so....
The SJC said the devices can be installed for up to 15 days before police must show why the devices need to remain in place. Generally, search warrants expire after seven days.
Originally posted by Frankidealist35
So this is legalized spying? I get so mad at the supreme court when they make decisions like this. I am starting to get the impression that they are an illegitimate institution only given the legitimacy because they're there. They have lately only been making decisions that give the law-enforcement agencies more power and limiting the rights of the individuals.
Originally posted by burntheships
...
But the implications of this power being in the wrong hands, corrupt judges and officers are the rare exception, but as society falls prey to more and more greed, this will be abused.
Scary stuff!
LAPD & D.A. CAUGHT USING ILLEGAL WIRETAPS
By Charles L. Lindner
Past President of LA Criminal Bar Assn
The wiretap discovery came in the 1996 Lauro Gaxiola coc aine possession case. Defense lawyers appearing before Superior Court Judge Gregory Alarcon had spent a year trying to obtain their clients' statements. By law, the prosecution is required to turn over such statements to the defense. The lawyers were stunned to learn that the charges were derived from secret wiretaps. Furthermore, the Los Angeles Police Department and the district attorney's narcotics unit had conspired to carry out hundreds of such wiretaps since 1985, all without informing either defense attorneys or trial judges hearing the cases.
The seminal ruling in wiretap law came in 1967, in Katz vs. United States, when the U.S. Supreme Court held that, contrary to the spirit of the 4th Amendment, modern technology afforded the government significant opportunities for invading personal privacy without intruding into physical space. The court rejected the idea that only searches and seizures of tangible property were protected by the amendment and expanded the amendment's protections to invasions of personal privacy even when no physical trespass occurred. Since Katz, the police can only monitor a conversation pursuant to a warrant signed by a judge and based on a showing of "probable cause." (The police are so ardent about catching law-breakers, they imagine that it is okay for them to violate the law when they feel like it. WFI Editor)
LAPD officers have avoided revealing the existence of their electronic intercepts using a police procedure known as "the handoff technique." It works like this: Narcotics officers on "Team A" set up a wiretap to gather information on a suspect. Without identifying the source of their information, the officers turn over the wiretap's "intelligence product" to detectives from "Team B," also members of LAPD's narcotics unit. Using the intelligence product, "Team B" officers set about trying to gather facts independently that would provide "probable cause" for a second judge to sign a search warrant targeting another suspect, without the cops disclosing the existence of the first wiretap to the jurist.
a wiretap to gather information on a suspect. Without identifying the source of their information, the officers turn over the wiretap's "intelligence product" to detectives from "Team B," also members of LAPD's narcotics unit. Using the intelligence product, "Team B" officers set about trying to gather facts independently that would provide "probable cause" for a second judge to sign a search warrant targeting another suspect, without the cops disclosing the existence of the first wiretap to the jurist.
Originally posted by burntheships
But the implications of this power being in the wrong hands, corrupt judges and officers are the rare exception, but as society falls prey to more and more greed, this will be abused.
Originally posted by Phage
reply to post by SpookHunter
GPS trackers are very available
www.google.com...:en-USfficial&client=firefox-a
Originally posted by Phage
reply to post by SpookHunter
GPS trackers are very available
www.google.com...:en-USfficial&client=firefox-a
Originally posted by RoofMonkey
Originally posted by burntheships
...
But the implications of this power being in the wrong hands, corrupt judges and officers are the rare exception, but as society falls prey to more and more greed, this will be abused.
Scary stuff!
Rare?