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Author Topic: No Warrant Needed For GPS Tracking By Police  (Read 909 times)

Offline Sundowner

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No Warrant Needed For GPS Tracking By Police
« on: January 12, 2005, 08:15:04 PM »
This is way past the 'slippery slope' stage....Hellloo?


Snooping by satellite
Published: January 12, 2005, 11:00 AM PST

When Robert Moran drove back to his law offices in Rome, N.Y., after a plane trip to Arizona in July 2003, he had no idea that a silent stowaway was aboard his vehicle: a secret GPS bug implanted without a court order by state police.

Police suspected the lawyer of ties to a local Hells Angels Motorcycle Club that was selling methamphetamine, and they feared undercover officers would not be able to infiltrate the notoriously tight-knit group, which has hazing rituals that involve criminal activities. So investigators stuck a GPS, or Global Positioning System, bug on Moran's car, watched his movements, and arrested him on drug charges a month later.

A federal judge in New York ruled last week that police did not need court authorization when tracking Moran from afar. "Law enforcement personnel could have conducted a visual surveillance of the vehicle as it traveled on the public highways," U.S. District Judge David Hurd wrote. "Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway." .....


Full article:
http://news.com.com/Snooping+by+satellite/2100-1028_3-5533560.html?tag=nefd.lede
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Offline wombatt

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No Warrant Needed For GPS Tracking By Police
« Reply #1 on: January 12, 2005, 08:47:53 PM »
Uhh Don't like the sound of that.
I think that a court order is in order for this kind of thing.

But on the other hand If the dude was not selling drugs............
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Offline Martlet

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« Reply #2 on: January 12, 2005, 08:57:07 PM »
It makes sense.  What's the difference?  They could have followed him without an order.
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Offline rpm

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No Warrant Needed For GPS Tracking By Police
« Reply #3 on: January 12, 2005, 09:14:49 PM »
They COULD HAVE followed him, but they did'nt. It's an bug and should be illegal without a warrant. Just because it's cheaper and easier than following established law enforcement procedures does not make it legal. Bad call by the judge. Look for it to be overruled on appeal.
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Offline Toad

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No Warrant Needed For GPS Tracking By Police
« Reply #4 on: January 12, 2005, 09:51:43 PM »
I'm betting it will be overruled as well. I think it should.
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Offline Gunslinger

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No Warrant Needed For GPS Tracking By Police
« Reply #5 on: January 12, 2005, 10:37:04 PM »
Quote
"Law enforcement personnel could have conducted a visual surveillance of the vehicle as it traveled on the public highways," U.S. District Judge David Hurd wrote. "Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway." .....


This is the statement that got me here.  The problem with this is were do you stop w/ "reasonable expectation of privacy"?  What's to stop a judge from saying that people should protect their computers better or they get hacked so if police use simple measures to scan a computer there's no "expectation of privacy"  This truely is a slippery slope can of worms.  

how hard is it to get a court order?  Allowing this would be akin to police being able to track any car at anytime.

Quote
feared undercover officers would not be able to infiltrate the notoriously tight-knit group, which has hazing rituals that involve criminal activities


This right here is a justifiable reason IMHO to allow GPS tracking IF they got court order to do so.

On the flipp side the guy is a criminal IN THIS CASE.  This case shouldnt set precidence.  With new technology should come new legislative powers to allow for privacy.  But what politician (dem. or conser.) wants to limit police powers as such and be labled "soft on crime"
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storch

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No Warrant Needed For GPS Tracking By Police
« Reply #6 on: January 12, 2005, 10:44:51 PM »
Do you carry a cellphone?  you have an inbedded gps transponder.  Do you have a prepaid toll transponder?  you have an inbedded gps.  do you have a fairly new and fairly expensive car?  you have an inbedded gps.  welcome to the orwellian nightmare unfolding before our very eyes.  Can anyone say Patriot act?  :D  But don't worry our Gov't loves us and only wants to help, care for and protect us.
« Last Edit: January 12, 2005, 10:47:27 PM by storch »
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Offline boxboy28

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No Warrant Needed For GPS Tracking By Police
« Reply #7 on: January 12, 2005, 11:00:27 PM »
what a tangled web we weave.....................


the world today is not one of our forefathers..............


do they have the right to bug you or your car just because they think you might have ties to someone doing illegal things ?    personaly HELL FRIGGING NO ................

This patriot act and the whole 9/11 this is making Amerika a not free country any more.......................we were founded on other principals... personal freedoms and life liberty and the persuit of happyness.............where did they go to? the average guy/girl is guilty till tey say your not anymore



Wellcome to the the USA United States (under Military and Police CONTROL) of America...................... ....i bid you farwell if you believe the afore mentioned isnt happenng to you , me  your mom , your dad, and everyone else............... maybee not yet but its only growing!     :confused:
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Offline LePaul

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« Reply #8 on: January 12, 2005, 11:13:10 PM »
If it was a false arrest or a situation where the cops really had no right...I might agree.

....but someone linked to a Hells Angel Meth ring?  I think I'd agree that something like that isnt such a bad idea...but i could be wrong
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Offline NUKE

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« Reply #9 on: January 12, 2005, 11:15:23 PM »
The angle I look at it from is that it's just like a bug, as mentioned and also that they are physically installing something on someon's private property without permission.

They have no right to mess with or install something on someone's private property.
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Offline rpm

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« Reply #10 on: January 12, 2005, 11:17:21 PM »
Before long they will implant biochips in newborns. (To prevent kidnapping) Oh, it's for the SAFETY of the children! You are not against child safety are you? You must be a pervert if you are! A quick bioscan at any public building entrance will ID them and report any illegal substance use or contact, out of bounds travel or curfew violation. Maybe we can implant a remote controlled or preprogrammed taser, too. THINK OF THE CHILDREN!!!
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Offline Pongo

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« Reply #11 on: January 12, 2005, 11:20:27 PM »
They should have flat thrown this one out.
With a warrant. Sure. Without. No.
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Offline Gunslinger

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« Reply #12 on: January 13, 2005, 12:06:40 AM »
Quote
Originally posted by LePaul
If it was a false arrest or a situation where the cops really had no right...I might agree.

....but someone linked to a Hells Angel Meth ring?  I think I'd agree that something like that isnt such a bad idea...but i could be wrong


yea that's why I find it hard to beleive they couldnt get a warrent.....UNLESS there's nothin saying they are allowed to do that in the first place.
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Offline Airhead

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No Warrant Needed For GPS Tracking By Police
« Reply #13 on: January 13, 2005, 12:13:07 AM »
"Moran had no expectation of privacy in the whereabouts of his vehicle on a public roadway." .....

And that's the rule, fellas. There is no right to privacy if you're out in public, and all surveilence methods are fair game.

You need to retreat on your civil rights campaign to protest infared imaging  to see what's going on in private residences- that's an often allowed "probable cause" that busts people for growing dope in spite of its intrusion into ones private property. IMO electronically surveying peoples private property is far more aggregious than electronically following them on public roadways.
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Offline Gunslinger

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« Reply #14 on: January 13, 2005, 12:17:14 AM »
Also, you guys can push your agendas all you want but that article does not once mention the patriot act.
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