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SCOTUS Rules GPS Tracking Without a Warrant Unconstitutional

Discussion in 'Off Topic' started by Cougfan2, Jan 23, 2012.

  1. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    While I have no sympathy for the scumbag drug dealer, this decision is a big 4th amendment win.


    WASHINGTON (AP) - The Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

    The GPS device helped authorities link Washington, D.C., nightclub owner Antoine Jones to a suburban house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction.

    Associate Justice Antonin Scalia said that the government's installation of a GPS device, and its use to monitor the vehicle's movements, constitutes a search, meaning that a warrant is required.

    "By attaching the device to the Jeep" that Jones was using, "officers encroached on a protected area," Scalia wrote.

    All nine justices agreed that the placement of the GPS on the Jeep violated the Fourth Amendment's protection against unreasonable search and seizure.

    Scalia wrote the main opinion of three in the case. He was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas and Sonia Sotomayor.

    Sotomayor also wrote one of the two concurring opinions that agreed with the outcome in the Jones case for different reasons.

    Justice Samuel Alito also wrote a concurring opinion in which he said the court should have gone further and dealt with GPS tracking of wireless devices, like mobile phones. He was joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan.

    A federal appeals court in Washington had overturned Jones's drug conspiracy conviction because police did not have a warrant when they installed a GPS device on his vehicle and then tracked his movements for a month. The Supreme Court agreed with the appeals court.

    The case is U.S. v. Jones, 10-1259.


    (Copyright 2012 by The Associated Press. All Rights Reserved.)
     
  2. sheepdip

    sheepdip Redland Well-Known Member

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    too bad they lost their conviction but, i agree a small win for we the people.
     
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  3. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    If our 'freedoms' were really taken seriously you wouldn't have a Verizon/other mobile phone in your pocket that keeps HISTORICAL 3+ year record of every place you have been. Most people have no idea. No need for anyone to really guess where you were on Nov 22nd, 2010 at 9:32pm.
     
  4. sheepdip

    sheepdip Redland Well-Known Member

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    just one more reason to NOT have a cell phone.
     
  5. Hardwood floor guy

    Hardwood floor guy Beaverton Active Member

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    could also work well for a criminal to send a buddy all over town with your phone while your out commiting a crime so you can say
    "i was at this bar or that one all night"
    make sure to turn on the navagator app so they can see where you were.
     
    Redcap and (deleted member) like this.
  6. Grunwald

    Grunwald Out of that nut job colony of Seattle, WA Well-Known Member

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    hate to see a criminal get off, but protecting constitutional rights is far more important.
     
  7. Mark W.

    Mark W. Silverton, OR Bronze Supporter Bronze Supporter

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    I can't imagine anything more boring or worthless then watching me or tracking where I travel. So I'm not going to worry about it. I don't hang out in "bad" places I don't do bad things I don't deal in bad things.

    And if I am to worry about the fact I won firearms and they might use this to track me so as to collect up my firearms. Well I seriously doubt I'll be near the top of the list and with the 200+ million firearms in the US I believe I will have time to get ready.
     
  8. sheepdip

    sheepdip Redland Well-Known Member

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    like that guy last week that shot five cops? when they kicked his door in. he was lucky to survive. havent heard much about that one lately. seems like what is is big news today is no big deal tomorrow.