Cops Don't Need Warrants to Plant GPS on Cars, Federal Court Says

While Pineda-Moreno will continue serving his 51-month sentence, not everybody agrees with the court's ruling. "The vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel's ruling," Chief Judge Alex Kozinski wrote in his dissent of the case. Marc Rotenberg, executive director of the Electronic Privacy Information Center, told CNN that the ruling was "Orwellian."
This comes less than a month after a D.C. Circuit U.S. Court of Appeals ruled that police should attain a warrant before engaging in GPS tracking. The opposing Ninth Circuit ruling suggests the constitutionality of warrentless GPS tracking will be tested in the Supreme Court. In some ways, using a GPS to track somebody isn't much different than parking down the street and tailing them. The notion of remote monitoring doesn't make this "Orwellian," but the ease with which the system could be abused definitely crosses into dangerous Big Brother territory.





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Comments
39
Subscribe to commentswtre428476Aug 31st 2010 6:45AM
let the swine play
TimAug 31st 2010 7:46AM
Land of the free my arse.
AbraxusAug 31st 2010 11:38AM
@themartins
Yeah, where exactly did our rights as citizens go? Last I heard, law enforcement was supposed to have just cause etc. As much as I am glad a drug dealer is in jail, it still rankles that we are behaving in a way that doesn't match up to our overall doctrine - America, land of the free - so what part of freedom says police should be able to put a tracking device on ANYBODY'S vehicle, with no JUST CAUSE, no comeback on them, no oversight. The problem with the judge saying it's OK is that it WILL be abused by the police - maybe not by the good cops, but the bad cops will use it to their advantage.
Mary Ann MoseleyAug 31st 2010 8:44AM
I say this federal "judge" in California needs to be thrown out on his ear. His judgment capabilities have hit bottom. Maybe he needs to be followed around wherever he goes, but the average decent American should not have to be concerned about others knowing where he or she is at any given time. That is an invasion of a legal American's privacy and the government should butt out of what doesn't concern them.
ajschrodAug 31st 2010 11:19AM
@sandcrab68 Hogwash! No police agency is going to bug the car of an ordinary citizen. Genuine suspects of criminal activity should have no legal defense against this however, and decent folks should have no complaint! Something to hide, sandccrab?
RicAug 31st 2010 8:46AM
My opinion---I'm glad this drug dealer is behind bars, at least for a little while. And, next time the GPS device will give him something to worry about. If you can't do the time, don't...................
George HawkesAug 31st 2010 8:54AM
I would not feel to bad if the news had a story about someone who made a example of that judge at Ninth Circuit Court of Appeal. What a functioning moron.
That DA should be held accountable for bugging that car.
Slowly our rights are being taken away and its time for Americans to take control.
In Massachusetts a few years ago a DA sent a guy to jail. Well later when that DA was on his way home he got off the train and someone shot and killed him. To Bad :-)
The goverment has lost the war on drugs. Make them legal...
MarieAug 31st 2010 8:59AM
I'm concerned that the ruling was based solely on whether using the GPS violated someone's privacy. Wasn't the claim that the police entered private property to plant the GPS? Surely that's an invasion of privacy. Doesn't the 4th amendment require a warrant to do that? If so, any evidence obtained from the GPS is fruit of the poisonous tree. Or maybe I gotta stop watching Law and Oreder reruns?
ScootrbumAug 31st 2010 10:53AM
It's just another way to make it a little more palatable for the American people to be weaned off their "Inalienable Rights".
Soon we'll be putting chips in newborns for their" own good" and no one will think any thing is wrong with it.
KARL karlSep 1st 2010 4:45AM
to late my friend,hositals are taking da from babies now and keeping it .most don't know they are doing it.
TammyAug 31st 2010 11:03AM
My problem with this is that they came onto his property to place the GPS. That is trespassing and last time I knew, it was against the law. So, the DEA broke the law in order to place the GPS. THAT IS UNACCEPTABLE.
Keith J. MohrhoffAug 31st 2010 3:02PM
@Fedup
Otherwise known as "fruit of a poisonous tree".
donaleeAug 31st 2010 7:52PM
@(Unverified) There are crooked cops. If he/she suspects the mate of cheating they could plant a device. It should not be allowed without a warrant.
RonAug 31st 2010 11:01PM
@(Unverified)
Something to hide? Listen. The fact is the Constitution applies to all of us. If the guy is a suspect criminal, then it is up to law enforcement to do their job according to the law. Just because they suspect him of criminal activity, that does not give them the right to plant a device on his auto. Just as it does not give them to right to do the same to you or me. Love morons like you that feel that the Constitution applies only to a certain people and no one else. Read the Fourth Amendment. Never mind. You probably believe that the words: "life, liberty and the pursiut of happiness" are in the Constitution. (hint: they aint)
RealmancanAug 31st 2010 11:21PM
@(Unverified) Noticed you didn't want to give your name...Something to hide?
sbrown4681Aug 31st 2010 3:49PM
@Abraxus
http://autos.aol.com/article/police-can-track-car-via-gps/
here is more of the story, they did have reason to track him.
RobertAug 31st 2010 12:40PM
Let me get this straight, the police without warrant, can trespass on your property, alter your vehicle to track your every move and the 9th thinks its okay? I know the 9th is whacked, but really?
I suppose that the rest of us American citizens can trespass onto other peoples property, alter their vehicles and track them too, including the police vehicles? What is good for the goose is good for the gander. Although I believe in supporting the police 100% this is wrong on so many levels, and the abuse that could occur is a very slippery slope.
DaleAug 31st 2010 1:12PM
GPS is a tool that should be available to law enforcement, but not without a warrant! Police officers can become too enthusiastic about field work and a judge should decide every time if such a measure is justified. A judge should also bear the weight of the decision of whether it is lawful, constitutional, or an envasion of a persons rights.
LiaAug 31st 2010 1:54PM
The potential for abuse by angry spouses/ significant others who work in law enforcement is profound. This is so wrong. A judge should at least have to be consulted and records kept of where each and every GPS is should be imperative.
CynicAug 31st 2010 1:57PM
Here's the problem with those of you who think "They'll only bug the guilty ones" or "you have nothing to fear if you have othing to hide".
How many Cops/Sherifffs/Deputies etc are little more than power mad bullies living out dreams of authority behind a badge?
I wouldn't say a lot - but everyone has heard a story or two. I knew of one in the town near where I grew up. He wound up being dismissed from the force for planting an illegal wiretap on his ex-wife's phone (she had filed a restraining order against him after some threats) . You're telling me that it should be LEGAL for him to plant a GPS on her car to know everywhere she went?
There is a reason for warrants. They are there to prove that there is a valid reason - a just cause - for police actions. It's NOT that hard to get a warrant for those cases that need them.