9th Circuit 4th Amendment Ruling - reasonable expectation of privacy in your driveway

[TANSTAAFL]

Umm, wha?! One to keep an eye on.

Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway - and no reasonable expectation that the government isn't tracking your movements.

That is the bizarre - and scary - rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants - with no need for a search warrant.

Read full article... (I link for copyright reasons)

Edit: Link dead - removed

Additionally the dissenting judge opinions with 1984 references can be found on the 9th Circuit web site here: http://www.ca9.uscourts.gov/datastore/opinions/2010/08/12/08-30385.pdf

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[Cougfan2]

While I have no sympathy for the drug dealer this is a truly scary decision. Let's hope the countries most reversed appelate court gets reversed on this one. I really hope this goes to the Supreme court.

 

[fyrediver]

And don't worry that "they're" reading these posts either. I'm sure a Carnivore system is assigned to each and every website similar to this reading to see what's being said. And our fancy screen names are completely transparent to Big Brother.

Hard to believe that a warrant isn't required to place the tracker. I'd hate to see the drug scum get off, but I'd like to see this particular ruling get overturned.

Don't understand why the cops didn't get a warrant in the first place. Without the warrant they risked their entire case on a future ruling of the court. Perhaps they already knew how it was going to turn out? Wait, that's sounding paranoid . . .

 

[Redcap]

And don't worry that "they're" reading these posts either. I'm sure a Carnivore system is assigned to each and every website similar to this reading to see what's being said. And our fancy screen names are completely transparent to Big Brother.

Hard to believe that a warrant isn't required to place the tracker. I'd hate to see the drug scum get off, but I'd like to see this particular ruling get overturned.

Don't understand why the cops didn't get a warrant in the first place. Without the warrant they risked their entire case on a future ruling of the court. Perhaps they already knew how it was going to turn out? Wait, that's sounding paranoid . . .

Only if you've been doing it wrong...