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Judge warns of 'Orwellian state' in warrantless GPS tracking case

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posted on Dec, 30 2010 @ 08:24 PM

Judge warns of 'Orwellian state' in warrantless GPS tracking case

Police in Delaware may soon be unable to use global positioning systems (GPS) to keep tabs on a suspect unless they have a court-signed warrant, thanks to a recent ruling by a superior court judge who cited famed author George Orwell in her decision.

In striking down evidence obtained through warrantless GPS tracking, Delaware Judge Jan R. Jurden wrote that "an Orwellian state is now technologically feasible," adding that "without adequate judicial preservation of privacy, there is nothing to protect our citizens from being tracked 24/7."

(visit the link for the full news article)

posted on Dec, 30 2010 @ 08:24 PM

Very cool to see a judge for a change hop on board with the civilianry, and recognize the potentiality of certain draconian measures leading to an abuse of power. There have been a few instances here and there lately on the judiciary front which have given me a spark of hope!

It seems the word "warrantless" has been popping up quite a bit in the last several years on all levels of law enforcement, straight up to the top, where the actual laws are decided (and some times DISCARDED).

Interesting to hear an actual JUDGE use the term Orwellian in their statement. If we could get a few more judges on board like this one, perhaps we could get this modern day Police state turned around. heh-heh
(visit the link for the full news article)
edit on 30-12-2010 by DimensionalDetective because: (no reason given)

posted on Dec, 30 2010 @ 08:34 PM
Wow, a Judge that actually cares about the Constitution and the rights of America?

edit on 30-12-2010 by gladtobehere because: (no reason given)

posted on Dec, 30 2010 @ 08:45 PM

Originally posted by gladtobehere
Wow, a Judge that actually cares about the Constitution and the rights of citizens...


Took the words right out of my thanks man star for you

posted on Dec, 30 2010 @ 08:58 PM
reply to post by DimensionalDetective


Lets hear it for Judge Jan Jurden!!!

posted on Dec, 30 2010 @ 09:00 PM
This will not stop GPS tracking.

Private investigators will still be able to track you.
This means cops only need to hire a (ex cop)private investigator to do there tracking and never put it on paper that they were doing it.
No paper trail means it never happened.
Many department have unaccountable funds for thing like paying informants and other activities they don't want made public. These can be used for GPS tracking related projects

You can buy everything you need to GPS track someone on the internet.

If the police departments can not use GPS tracking some officers will buy there own.
Then there police department can stand up in court and claim there department owns no GPS tracking equipment.
Cops lie all the time in cases why would they not stretch the truth in this way just to make a case.
Cops also never give out information unless they have to.
So IF lawyers don't ask the right questions they will never find out.

posted on Dec, 30 2010 @ 09:08 PM
reply to post by DimensionalDetective

WOO HOO!!! score 1 for freedom. Unfortunately freedom is still losing the game in a landslide. One day maybe we can get our sense back and live the way our forefathers intended. Until then all we can do is learn to beat TPTB at their own game.

posted on Dec, 30 2010 @ 09:08 PM
This is a great step up for justice, for sure. While it stops them from putting tracking devices on a vehicle, I didnt see where it would cover using already existing tracking devices that so many citizens employ.
Just look at all of the tools that people deploy without the slightest thought of what our gov't could use against them:
On Star, Garmin or Tom Tom, Smart Phones, PDAs, Sat Link laptops, and more

We, the citizens, are the ones creating the beast we fear. I hate to break it to you, but the responsibility to hold back such a terrible fate as described by Orwell is as much on the shoulders of We The People as it is on the government that we employ.

I watched a rerun episode of "The Practice" online just yesterday. In this particular epi., one of the lawyers was defending an accused "Jon" arrested by an undercover cop. The defendant's seemingly outrageous defense was, based on his age, plain looks, uninteresting job, pitence wage, so forth...that he just gave up on expecting a beautiful woman to want to be with him. So, after 4 years of abstenance, he succumbed to this young, toned, curvaceous beauty with a crystal smile. His defense was that "the system" parched his throat, then led him to water and arrested him for considering taking a drink.

You see what we have here right now is a world bent on tech. Better, faster, smaller, safer, more features, more more more. Science develops it, governments test it, corporations market it, citizens consume it. Make no mistake about it, every greatest tech gadget is based on government/military trials. I remember GPS in development and how pathetic it was during my military days, just as I remember using "the internet" long before it was a household product.

I am not advocating we all roll back the clock to 1985 (even though Metal and Hair Bands were bada** around then), I am just saying, we need to be careful with the wishing. Sometimes, getting exactly what you asked a curse.

posted on Dec, 30 2010 @ 09:27 PM
Hmm.. Guess miracles do happen... Was the judge close to retirement perchance ? Cant see him on the bench long in amerika ruling against the state..

posted on Dec, 30 2010 @ 09:31 PM
Most judgeships are elected positions and judges often run unopposed or are appointed when no one runs. This is an area where the people could get together and get good judges elected and take back the courts.
edit on 30-12-2010 by hawkiye because: (no reason given)

posted on Dec, 31 2010 @ 04:00 AM
First with the use of your jury rights to intertpret the laws and create precedent.
Second with the elections of judges who chaqmpion the constitution.....
Now we have some ways of moving the clock back a bit.
I wonder of a jury could strike down the PAT. Act by refusing to convict those who were bogusly accused and tried on these laws.
Perhaps others everywhere would rally around this if we can get the message out.

posted on Dec, 31 2010 @ 04:09 AM
Mark my words....

This judge will move no farther in her career. Judges like this will never make it to the Supreme Court. They will never get into Politics. They get stuck right where they are professionally once they side with the people.

posted on Dec, 31 2010 @ 05:56 AM
the article said 9 other corrupt judges in other states legalized warrantless gps tracking.

so it's more like freedom 1, new world order 9.

so i guess it's legal for me to place a gps tracker on every unattended squad car i see, then use that information to plot bank robberies while someone monitors how far away the nearest police cars are to the bank.

or just post on websites any dirt i find on the cops.

posted on Dec, 31 2010 @ 07:55 AM
reply to post by MrWendal

Mark my words....

This judge will move no farther in her career. Judges like this will never make it to the Supreme Court. They will never get into Politics. They get stuck right where they are professionally once they side with the people.

That is if she is lucky. If the judge ticks off TPTB (bankers) too much she may end up dead.

First National Bank of Montgomery vs. Daly (1969)
Drexler hadn't given much credence to the theory of the defense, until Mr. Morgan, the bank's president, took the stand.... In his court memorandum, Justice Mahoney stated:

Plaintiff admitted that it, in combination with the Federal Reserve Bank of Minneapolis, . . . did create the entire $14,000.00 in money and credit upon its own books by bookkeeping entry. That this was the consideration used to support the Note dated May 8, 1964 and the Mortgage of the same date. The money and credit first came into existence when they created it. Mr. Morgan admitted that no United States Law or Statute existed which gave him the right to do this. A lawful consideration must exist and be tendered to support the Note.

Justice Mahoney, who was not dependent on campaign financing or hamstrung by precedent, went so far as to threaten to prosecute and expose the bank. He died less than six months after the trial, in a mysterious accident that appeared to involve poisoning.4 Since that time, a number of defendants have attempted to avoid loan defaults using the defense Daly raised; but they have met with only limited success. As one judge said off the record:

If I let you do that – you and everyone else – it would bring the whole system down. . . . I cannot let you go behind the bar of the bank. . . . We are not going behind that curtain!

posted on Dec, 31 2010 @ 01:12 PM
I'm sure the VeriChip/RFID thing has been done to death here on ATS and I am sorry if this has already been answered.
But what I really want to know, while we're all excited about tracking and control and monitoring... where can I find the actual wording making the "chipping" of all Americans law?
I'm the last guy out here doubting its there, its just that all I can find referring to it are from the older, smaller bill from '09. I wanna find it in the new, improved, bigger, BETTER bill.
I'm sure it has to be disclosed here somewhere, but I'll be darned if I can find any discussion on it as I am asking it- per-se. If its here somewhere just add a link.
This was like the closest thread I could find to it.

posted on Jan, 4 2011 @ 10:58 AM
reply to post by Gary7MediaTerrorist

I'm sure the VeriChip/RFID thing has been done to death here on ATS and I am sorry if this has already been answered.

It is in Passports and some Drivers Licenses. The next target is implanted chips in hospital patients trials started in 2006 in New Jersey. A second trial is ongoing in Florida with 1000 patients. 900 hospitals on the east coast have signed up for implanted RFIDs. Also the new food safety law requires "Traceability" so expect to soon see RFID tags on animals. The Vegetable Growers journal I get said they were also trying it on veggies too the last I checked!

e-Passports: Ready or not here they come The State Department expresses confidence in "e-Passports" while technologists fret about their security risks.

The US State Department on Tuesday set out rules that will govern the use of radio frequency identification (RFID) chips in US passports. The passports, which will be piloted from December, are due to be issued in the US from October 2006, according to reports.

Real ID - New Driver's Licenses Required by Law

Lots of information on The Real ID Act

State Statutes Relating to Radio Frequency Identification (RFID) and Privacy

2006: Insurers Study Implanting RFID Chips in Patients

VeriChip Markets Its Implantable RFID Tags and Services Direct to Consumers

The company has launched a three-month advertising campaign for its newly rebranded Health Link system, and hopes to convince 1,000 South Floridians to get injected with rice-grain-sized transponders linked to health records....

Thus far, about 900 hospitals on the East Coast have agreed to participate in the VeriChip system. These hospitals have received RFID interrogators that can be used to read a patient's embedded VeriChip RFID transponder to automatically access that person's medical records. Of those hospitals, Silverman says, about 200 have completed VeriChip training on using the system, and have been provided access to the VeriMed database, as well as interrogators to scan unconscious or unresponsive patients. At present, 16 South Florida tri-county regional hospitals—including Bethesda Healthcare System, Good Samaritan Medical Center, JFK Medical Center, Jupiter Medical Center and St. Mary's Medical Center—participate in the Health Link system....

Implanted RFID chips in patients:Florida Starts Microchipping Alzheimer's Patients

...In early September, up to 200 Alzheimer's patients living in the Palm Beach, Florida area were implanted with the microchip by the company VeriChip absolutely free....

...Oklahoma legislators are debating a bill that would authorize microchip implants in people imprisoned for violent crimes. Many felt it would be a good way to monitor felons once released from prison...

India Launches Project to ID 1.2 Billion People..
...The project, which seeks to collect fingerprint and iris scans from all residents and store them in a massive central database of unique IDs...

posted on Jan, 4 2011 @ 11:16 AM
Those Orwellian, scum, NWO, hacks need to learn their place.

Our country was NOT founded on a police state!

These GPS tracking devices are unconstitutional.

These scum do not obey the laws...

Everyone with a cell phone can be easily tracked.

If the judges don't step up to stop these HYPOCRISY'S

then they are no better then the crooked cops.

posted on Jan, 13 2011 @ 02:53 AM
Thanks crimvelvet, for the links. I’m gonna check them all out thoroughly but haven’t had time to do so yet as this media terrorizin’ is a demanding mistress.
But the info you sent me just so you know, will be used as research for my next video-bullet. I do what I do to spread the Word of Jesus. God is making me finish a series I’ve started about the mark of the beast and all its forms so naturally, the RFID chip needs to be explored.
Here are the bullets I've fired off so far-

These videos aren't just rants. They're short but actually P R O O V E how the mark is alive and well in our world today.

Watch if you dare.
G7 Out
edit on 13-1-2011 by Gary7MediaTerrorist because: (no reason given)

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