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Court allows agents to secretly put GPS trackers on cars

Discussion in 'BBS Hangout: Debate & Discussion' started by Rocket River, Aug 27, 2010.

  1. Rocket River

    Rocket River Member

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    Not feeling this . . . not feeling it at all.

    Rocket River



    Court allows agents to secretly put GPS trackers on cars
    By Dugald McConnell, CNN

    (CNN) -- Law enforcement officers may secretly place a GPS device on a person's car without seeking a warrant from a judge, according to a recent federal appeals court ruling in California.

    Drug Enforcement Administration agents in Oregon in 2007 surreptitiously attached a GPS to the silver Jeep owned by Juan Pineda-Moreno, whom they suspected of growing mar1juana, according to court papers.

    When Pineda-Moreno was arrested and charged, one piece of evidence was the GPS data, including the longitude and latitude of where the Jeep was driven, and how long it stayed. Prosecutors asserted the Jeep had been driven several times to remote rural locations where agents discovered mar1juana being grown, court documents show.

    Pineda-Moreno eventually pleaded guilty to conspiracy to grow mar1juana, and is serving a 51-month sentence, according to his lawyer.

    But he appealed on the grounds that sneaking onto a person's driveway and secretly tracking their car violates a person's reasonable expectation of privacy.

    "They went onto the property several times in the middle of the night without his knowledge and without his permission," said his lawyer, Harrison Latto.

    The U.S. Ninth Circuit Court of Appeals rejected the appeal twice -- in January of this year by a three-judge panel, and then again by the full court earlier this month. The judges who affirmed Pineda-Moreno's conviction did so without comment.

    Latto says the Ninth Circuit decision means law enforcement can place trackers on cars, without seeking a court's permission, in the nine western states the California-based circuit covers.

    The ruling likely won't be the end of the matter. A federal appeals court in Washington, D.C., arrived at a different conclusion in similar case, saying officers who attached a GPS to the car of a suspected drug dealer should have sought a warrant.

    Experts say the issue could eventually reach the U.S. Supreme Court.

    One of the dissenting judges in Pineda-Moreno's case, Chief Judge Alex Kozinski, said the defendant's driveway was private and that the decision would allow police to use tactics he called "creepy" and "underhanded."

    "The vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel's ruling," Kozinksi wrote in his dissent.

    "I think it is Orwellian," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which advocates for privacy rights.

    "If the courts allow the police to gather up this information without a warrant," he said, "the police could place a tracking device on any individual's car -- without having to ever justify the reason they did that."

    But supporters of the decision see the GPS trackers as a law enforcement tool that is no more intrusive than other means of surveillance, such as visually following a person, that do not require a court's approval.

    "You left place A, at this time, you went to place B, you took this street -- that information can be gleaned in a variety of ways," said David Rivkin, a former Justice Department attorney. "It can be old surveillance, by tailing you unbeknownst to you; it could be a GPS."

    He says that a person cannot automatically expect privacy just because something is on private property.

    "You have to take measures -- to build a fence, to put the car in the garage" or post a no-trespassing sign, he said. "If you don't do that, you're not going to get the privacy."
     
  2. DonkeyMagic

    DonkeyMagic Contributing Member
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    if there is justifiable cause/suspicion i don't have a problem with it. Alone, it does nothing but put you in a particular spot at a particular time.

    why spend the man hours following/tracking him when you can just use a gps?
     
  3. insane man

    insane man Member

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    because there is no warrant. you are allowing the PD or whatever agency to track every car whenever the department thinks it should. there is no oversight.

    and we have the bill of rights which explicitly protects us from unreasonable searches and seizures. and this ruling does away with needing to prove reasonable suspicion in a court, the typical standard.
     
  4. Major

    Major Member

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    I think his point is that without GPS, police can already do that by just having someone follow the guy, which is perfectly legal without a warrant. All the GPS does is make the whole process more efficient and less labor intensive.

    I think my biggest problem with this is the idea that the police can attach something to your private property (your car) without permission. I'm not sure how I'd feel if they instead just had a little miniature robot following you around or putting a drone in the sky and following someone that way (again, without a warrant). I assume these things are legal already, separate from this ruling.
     
  5. Qball

    Qball Contributing Member

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    It just that I would tend to correlate the ease of use to the increase of use. They'll smack on the side of your car for unjust cause since it's so easy now. The concept is great but can easily be abused.
     
  6. parmesh

    parmesh Member

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    How much weed do you think the government grows and smokes to be paranoid of mar1juana? :rolleyes:
     
  7. Deckard

    Deckard Blade Runner
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    Exactly. I can't imagine the Supreme Court will allow this, but the current SC majority just might be capable of any radical notion that pops into their heads.
     
  8. JuanValdez

    JuanValdez Contributing Member

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    I can see the rationale of allowing this when you decompose the act down to individual actions. Cops go on your property, but it's your front drive and they didn't have to jump a fence or anything to do it, so it's not exactly trespassing. Cops coming on your lawn to look at your property isn't barred. They stick something on your car, which might be a sort of vandalism, but that in itself isn't an invasion of privacy. And, finally tracking your movements does intrude on your privacy, but they've already been conceded that option with other surveillance techniques.

    So, I'm torn. Overall, it doesn't feel right. But, what implication would it have? Would it mean they should get warrants to follow someone?
     
  9. rhadamanthus

    rhadamanthus Contributing Member

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    How nice. Wanna guess how cops would react if the citizenry wanted to gps there movements? We already know how kindly they take to being filmed...
     
  10. DonkeyMagic

    DonkeyMagic Contributing Member
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    WHy do you assume there would be no oversight? It isnt too difficult to set up a process where by a case is presented for use of the tracker.

    As for the bolded, that is the important part. If a case is being investigate then it is very reasonable to track them.



    that's a fair point but as mentioned above, there would seemingly be a process of approval. Abuse is always a possibilty for anything but given all the other things cops could abuse (e.g. gun, taser, pepper spray, running personal info, etc) a simple device telling the location of a car seems miniscule.
     
  11. DonkeyMagic

    DonkeyMagic Contributing Member
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    dont all police cars have gps systems on them?
     
  12. Major

    Major Member

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    Certainly - I totally agree with that. But from a legal perspective, I think the issue is much more murky. Take, for example, this spectrum of actions:

    1. Cops asking where you are going.
    2. Cops putting surveillance on your home to see when you come and go.
    3. Cops following you in the traditional sense of actually having a car follow you - mobile surveillance.
    4. Cops using a little robot to follow you.
    5. Cops using unmanned drones in the sky to follow you.
    6. Cops putting a mobile tracker on your car.
    7. Cops sneaking into the back seat of your car and following you.

    #1-3 are clearly legal and used all the time. No one seems to have a problem with it. #7 is clearly considered unacceptable/illegal. 4-6 all fall in the grayer area. What is the logic wherever something thinks the line should be? What is the Constitutional issue dividing 3 from 4? Or 4 from 5. Or 5 from 6. That's the key as far as the courts finding something unconstitutional.
     
  13. rhadamanthus

    rhadamanthus Contributing Member

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    Unless you have access to them, the point is kind of moot.
     
  14. DonkeyMagic

    DonkeyMagic Contributing Member
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    but why would the public need access to them? it's just a bad example used.

    If a cop was under investigation for something and here where abouts needed to be tracked...then that information could be had.
     
  15. rhadamanthus

    rhadamanthus Contributing Member

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    Cops have never been known to do bad things, good point.

    If we're willing to allow cops to follow citizens without warrant via gps, why not the reciprocal?

    If we are willing to assume the cop has justification, why not vice versa?

    (to be fair, I do no know if cop cars really have gps surveillance 24/7 or how easy it is to get access to that data. The problem is really that there is no control in place without a warrant. How many cars will be tracked? Who is monitoring them? Where is this data stored?)
     
  16. Deckard

    Deckard Blade Runner
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    It's not gray to some of us, Major.
     
  17. DonkeyMagic

    DonkeyMagic Contributing Member
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    yeah...thats exactly what i said. Cops have never made a mistake in the history of the universe. It's science.

    why would they?

    one, because that's a crappy way to look at things.

    two, because why would they waste time and resources? Why would a cop put a tracking system on a car of a person who is doing nothing wrong? They are using it as part of an investigation. it's not that hard of a concept.

    [/quote](to be fair, I do no know if cop cars really have gps surveillance 24/7 or how easy it is to get access to that data. The problem is really that there is no control in place without a warrant. How many cars will be tracked? Who is monitoring them? Where is this data stored?)[/QUOTE]

    they could easily be control. Like i said, a system could be established so that a superior would have to give authorization. A cop would then be assigned a gps based on the case presented. That gps would be identified as being checked out to that office, for said case and X amount of time.
     
  18. rockbox

    rockbox Around before clutchcity.com

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    Because many cops are total dickheads.
     
  19. rhadamanthus

    rhadamanthus Contributing Member

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    If it's part of an investigation, how hard can it be to get a warrant?

    We demand this sort of criteria to avoid misuse. It's not that hard of a concept.
     

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