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

Typical media, do your friggin' homework! DC Circuit ignored the 9th Circuit ruling and other similar rulings. 9th Circuit doesn't rule the world...in all likelihood ALL law enforcement will be cautious and seek a warrant BEFORE using GPS tracking devices.

It's already possible to track law enforcement using applications available as free downloads on the internet or cell phones

Twelve states -- Connecticut, Pennsylvania, Washington, California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada and New Hampshire -- require that advance permission be grated from anyone being filmed or recorded. Failing to do so is a violation of law and is subject to both criminal and civil charges, and penalties including jail time and fines. It seems that placing a tracking device would be a similar invasion of civil rights.

It will be interesting to see what the Supreme Court will say....if it ever gets that far.

"No police agency is going to bug the car of an ordinary citizen." True only IF the LEOs know what they are doing. An innocent person can get "GPS'd" and get in hot water with the neo-KGB for no other reason than the officer(s) goofed.

Anyone who cannot see the potential for abuse does not have what it takes to be a judge. I might add that the Constitution was written to LIMIT the government. Just because our founding fathers did not know of GPS does not automatically mean it is OK to use in this way. Their attempts to limit governmental abuse does not stop at the 18th century. They also intended for us to use our heads in continuing those efforts. Any judge worth his/her salt should know and support those efforts.

This article didn't mention it but there where other times that the GPS was attached, while parked on the steet, at a store, and one other...

I wonder, is this any different then someone following the person?

also, should be mentioned that he did buy an excessive amount of fertilizer that is used for growing pot, which made him "go on the radar" in the first place.

Seems big brother is alive and well after all. Still, I can see where using this could be a big help in tracking criminals. As for sneaking onto a criminal's property, that's wrong. They could avoid the issue by just waiting for the criminal to drive somewhere with the targeted vehicle. Once off his property, he's lost the right to privacy as far as getting tagged with a GPS device. Besides. If you're not doing anything wrong, what's the worry?

Oh Boo Hoo ! Those mean old cops didn't play fair. They're cheaters trying to do their job. I'm going to lose money now and can't get anymore people zonked out of their heads. Wah, Wah feel sorry for me.

This story is typical of how the media gets everyone riled up over a subject while only telling half of the story. First off, this practice of using a GPS to track suspects has been in use for over 20 years, having already gone through the court system. It's established case law. So how many cases of abuse has anyone heard of over the last 20 years?? This case has lost 3 appeals, which is why it's caught someone's attention in the media.

There was plenty of probable cause established to initiate use of the GPS. The suspect was buying LARGE amounts of fertilizer, irrigation equipment and deer repellent - in an area known for marijuana cultivation. This guy WASN'T taking this stuff home for the backyard. Enough said. The police can NOT tresspass - they can not enter an enclosed back yard, the sanctity of the home, or the inside of the vehicle, without a warrant. Anything in plain view, like the outside of the vehicle is fair game. How do you "sneak" on to a driveway? He didn't provide for any privacy by using a fence, the garage, and so on. There is so much case law on this that it boggles the mind.

GPS units are for sale to the general public if you want to track your spouse or your kids in your car while they are running around with their high school or college friends (or lover). While we may not like being followed, it's no different than being tracked by a satellite, drone, security cameras or by being followed by the police. It's just easier to do with a GPS is all.

While the 9th Circuit does come out with some doozy decisions, they stuck with case law on this. The Fourth Amendment states - "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The key here in the wording is "in". To be secure IN the persons, IN their houses, IN the papers, and IN their effects. It doesn't extend to items of property exposed to the public where no expectation of privacy is being excerised - like letting your vehicle sit in the driveway. A warrant is issued by affirmation for a place to be searched that provides security and privacy. The driveway lacks that.

Is there potential for abuse? Sure. There is potential for abuse with any ARREST that is made, among other issues. If there is abuse, we have the court system to address that abuse. You'll never have 100% perfection in a police department, just like there obviously isn't 100% perfection in the clergy, with attorneys, or doctors. We are an imperfect society, that does the best we can to protect certain rights.

I'm just saying that we should all investigate further and not believe everything the media tells us, BECAUSE they are not telling us everything. Be informed and educated. We might have different views or opinions, but we need ALL of the facts to discuss those differences.

Sounds a lot like tampering with personal property if you ask me. Understanding that this ruling came out of a California court it isn't surprising.

I'll bet if this judge had one of these put on his car and it recorded all the bars,hookers and porn shops he visits, he'd withdraw his ruling!

this is just one more step towards our loss of freedom and the freakish distopic society of 1984

First of Maijuauna were established in the early 1900's and should be repealed. I never heard of weed smokers ODing like prescription drugs or causing accidents like alcohal or cell phones. Let alone wasting billions of tax payers dollars arresting and jailing for something that is legal for medicinal purposes inat least 14 states, Here is aprime example of wasted dollars. For Pot

Well just another state that feels SOCIALISM is the way to go. Since HUSSEIN OBAMA has become dictator our rights are now extinct. He is packing US SUPREME COURT with ANTI CONSTITUTION PEOPLE. He wants to keep ILLEAGLES in america. Just ask his ILLEAGLE AUNT living in BOSTON. And remember he wants to sue ARIZONA for enforcing the laws.

Yeah they didn't play fair. Wonder if you would be as snippy if the police had done that to you? Wouldn't be the first time law enforcement made a mistake. If it were you, you would be crying about constitutional rights like everybody else that has been involved with a law enforcment error.
Either law enforcement follows the constitution or they simply burn the piece of paper. Which would you prefer?

If you aren't doing any criminal activity, you should have no worries. If you are, then I hope you get caught and canned.

Will this be extrapolated to the point that police can sieze without a warrant any information from our cell phones or our own GPS devices (from built in units, those on our phones, or other GPS devices that we carry with us) to track where we have been and how long we were there? To me it seems the only obvious difference is the ownership of the GPS unit being used to track.

It doesn't seem that far of a stretch to me. The whole scenario is a violation of our basic rights that are guaranteed by our Constitution.

It is fishing in lieu of using good detective work in solving crime and tracking criminal activity.

Yes, the 4th Amendment is supposed to protect the rights of citizens against invasion of privacy by agents of the government. If people do not know their rights, there is tyranny. People have been far too accepting of the rights being taken away at an alarming rate. @ garbage, microchipping human babies is wrong and sick, I would not even microchip my dog as they have been proven to cause cancers, instead I keep my dog inside and take him out to do his business on a leash. No need to microchip and cause pain to anyone: human or animal.

Holy shit. What the hell happened to "probable cause"? Look, I know in this case there was a reason, but if it is ruled that a warrant is never needed to freaking *trespass onto a person's property and stick a GPS on their vehicle* then what is the purpose of a warrant in the first place? You can GPS-track someone with no warrant, with no probable cause, now, so how long will it be until you can search someone's home without a warrant? Arrest and imprison them, long term, without filing charges or holding a trial? I'm not saying that they shouldn't be allowed to use GPS to track suspects, all I'm saying is that if you don't require a warrant to be obtained first in order to do so, there is an *enormous* possibility for future abuse due to a lack of checks and balances, which could pave the path to a very slippery slope of exceptions to the Bill of Rights in coming months and years. Not cool.