No Warrant Needed For GPS Tracking By Police

[rpm]

I thought I heard something about those infared scans being prohibited now because they lacked probable cause.

[Holden McGroin]

Originally posted by rpm
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.

So the police can follow you and manually survail you on public roadways.  But should it be illegal to put a GPS transponder on your car to follow you?  

What if they are using a nite scope?  Can they watch you thru stop light cameras?  How about other video survaillence?  How about if the use a big ear to hear what you are saying while at a public function? Is it just that the homing device was on his car or is it the technology that is in question?

He had no expectation of privacy while in public.  What is fair?

IR scans to "Pull down your curtains" have been outlawed.

[NUKE]

Originally posted by Airhead
"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.

Airhead, what about the idea of installing devices on private property without permission?

[rpm]

Originally posted by Holden McGroin
Is it just that the homing device was on his car or is it the technology that is in question?

It is using an electronic tracking device installed on his personal property without a warrant. It's the lack of a warrant that is the issue, same as wiretapping a phone. You have probable cause, you go to a judge and get a warrant.

[Airhead]

Originally posted by NUKE
Airhead, what about the idea of installing devices on private property without permission?

A car is personal property, not private property. Huge difference.

[NUKE]

I'm just asking.....I have no clue.

What about personal property?

[Airhead]

Originally posted by rpm
It is using an electronic tracking device installed on his personal property without a warrant. It's the lack of a warrant that is the issue, same as wiretapping a phone. You have probable cause, you go to a judge and get a warrant.

Wrong, RPM- probable cause isn't required for public survelience. Wiretapping is different because it takes place in your PRIVATE property.

[NUKE]

Airhead, what about listening in on or planting devices on cell phones? That's not private property.

[Airhead]

Originally posted by NUKE
Airhead, what about listening in on or planting devices on cell phones? That's not private property.

Good point Nuke- if you're digital then you better read your TOS, because everything you say on your cell phone is public knowledge. The earlier analog phones aren't subject to the same rules, BTW.

[rpm]

I'm certainly no expert on the subject Airhead, but as I said before it will likely be overturned on appeal because they did not get a warrant. Perhaps you can educate me on previous cases using tracking devices by police.

[NUKE]

Originally posted by Airhead
Good point Nuke- if you're digital then you better read your TOS, because everything you say on your cell phone is public knowledge. The earlier analog phones aren't subject to the same rules, BTW.

I used to work for Bell Atlantic Mobile as a technician, and I do not think you are correct Airhead. Digital or analog doesn't matter. In fact, CDMA ( code division multiple access) is theoretically and practically impossible to intercept and listen in on. Analog is easy to listen in on.

Anyway, digital cell phones in the US still switch to analog when a digital signal is not present

Nobody can listen in on digital calls unless the cell company lets them. And they don't let anyone have that ability without a court order IIRC.

[Airhead]

Originally posted by rpm
I'm certainly no expert on the subject Airhead, but as I said before it will likely be overturned on appeal because they did not get a warrant. Perhaps you can educate me on previous cases using tracking devices by police.

I'm not an expert on the subject either, but it's my understanding you have no right to privacy if you're driving a motor vehicle on a public roadway.

We aren't too far away from having micro GPS devices incoded into our license plate stickers- and it's all perfectly legal.

And Solyent Green is people.

[rpm]

I think you do have a reasonable right to privacy on a public roadway. That's why police must either have your permission or probable cause to search your vehicle. But like I said, I'm no expert.

[Holden McGroin]

Yeah, but they can look into your windows and see that .357 on your seat.  They don't need a warrant for that.

Looking and seeing that your making a left turn into that potatohouse parking lot, no reasonable right to privacy there.

The judge just figured they were electronically watching the suspect drive down a road.

[Airhead]

Originally posted by NUKE
I used to work for Bell Atlantic Mobile as a technician, and I do not think you are correct Airhead. Digital or analog doesn't matter. In fact, CDMA ( code division multiple access) is theoretically and practically impossible to intercept and listen in on. Analog is easy to listen in on.

Anyway, digital cell phones in the US still switch to analog when a digital signal is not present

Nobody can listen in on digital calls unless the cell company lets them. And they don't let anyone have that ability without a court order IIRC.

Well, the general consesus among the dope dealers up here is that those big walkie talkie 80s phones can't be recorded, so that's what they all use.
Either that or carrier pigeons.

Me, I have a digital phone and I don't care if there's a GPS in my car- I'm not a dope dealer, Hells Angel or an Arab terrorist. I'm just a guy who has to get up in the morning and bust his hump all day, every day to satisfy the demands of the one Government institution that has an interest in me- the IRS.

Prison would be kinder.