Why do yo believe they need a warrant to track your vehicle's movements electronically when they do not need a warrant to track it using other forms of surveillance? The information they are gathering is exactly the same and the expectation of privacy is the same.
Or am I misunderstanding you and you believe they should need a warrant to put someone under any form surveillance? Maybe they should get a warrant before they even talk to you and then get more warrants if they think of new questions ask.
Or am I misunderstanding you and you believe they should need a warrant to put someone under any form surveillance? Maybe they should get a warrant before they even talk to you and then get more warrants if they think of new questions ask.
4th amendment says (paraphrasing) "secure in their properties". if you're going to tell me that your car belongs to the public because it travels on public roads then your home should also be public because it sits on a public street. and the contents of your wallet are public because you have it with you in the store, which is a public place.
but, if you actually own your car (or lease for that matter), then law enforcement should not be able to track you indiscriminately just because your car goes on public streets to public places. it's still private property and should be protected by the constitution from electronic surveillance without a warrant. they used to need a warrant to listen to your phone calls -- although this could be granted retroactively because of FISA. why should they not need a warrant to place a device on your personal property so they can facilitate their tracking?
you're arguing that the feds (and now local police) can place a device on your car without your consent in order to track your movements, and to do so without judicial oversight, in order to collect data about your movements in the event you happen to commit a crime some time in the future, maybe. or you don't even have to actually commit a crime, you could just be in the wrong place at the wrong time, but now you're a suspect because of your tracking device. it would be like the police breaking into your house, finding something wrong, and being allowed to charge you for a crime without once ever going to get a warrant to search your house. and i'm not talking about hearing something suspicious coming from your house, i'm talking straight up just walk right in the door for no reason other than that they can. it should not be allowed without a judge issuing a warrant for the practice.
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"That's the trouble with political jokes in this country... they get elected!" -- Dave Lippman
secret GPS tracking upheld as legal practice
16/05/2011 02:37:14 PM
- 825 Views
How do they expect honest criminals to make a living with rules like this?
16/05/2011 06:24:45 PM
- 435 Views
sure this example is about convicted robbers
16/05/2011 06:42:51 PM
- 407 Views
I will have a problem when I see innocent people being targeted for no reason
16/05/2011 09:17:22 PM
- 389 Views
so get a warrant if these guys are such threats to society
17/05/2011 12:57:51 AM
- 392 Views
once again privacy takes place in private not in public. That is sorta where the word comes from
17/05/2011 02:23:05 PM
- 403 Views
the constitution guarantees the right of privacy to all, not just law abiding citizens
16/05/2011 09:14:24 PM
- 391 Views
where does it say that? It should be real easy to point to since it is in the constiution
16/05/2011 09:21:19 PM
- 452 Views
4th amendment
17/05/2011 12:55:00 AM
- 434 Views
Re: 4th amendment
17/05/2011 03:13:13 AM
- 396 Views
Re: 4th amendment
17/05/2011 03:28:36 AM
- 424 Views
Re: 4th amendment
17/05/2011 03:58:49 AM
- 397 Views
try reading it again it doesn't have the word privacy in it
17/05/2011 02:42:44 PM
- 414 Views
how is surveillance not a type of search? *NM*
17/05/2011 09:25:27 PM
- 217 Views
how is different if it is done by GPS or tailing them in a car? *NM*
17/05/2011 10:00:53 PM
- 177 Views
it's not different -- if they get a warrant first
18/05/2011 01:50:13 AM
- 399 Views
OK I will use smaller words
18/05/2011 02:23:05 PM
- 429 Views
spelling it out for you
18/05/2011 04:18:45 PM
- 496 Views