White House to argue for GPS tracking without a warrant | TigerDroppings.com

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Interception
Providence Fan
Member since Nov 2008
11089 posts

White House to argue for GPS tracking without a warrant



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quote:

Lawyers for the Obama administration will argue next week that US authorities are not required to obtain a search warrant before attaching a GPS device to an individual’s car in order to keep tabs on them.

The case, set to be heard on Tuesday by the 3rd US Circuit Court of Appeals in Philadelphia, comes over a year after a US Supreme Court decision failed to convince the Department of Justice that warrantless GPS tracking is an infringement on Americans' Constitutional rights.

“This case is the government’s primary hope that it does not need a judge’s approval to attach a GPS device to a car,” Catherine Crump, a lawyer with the American Civil Liberties Union (ACLU) told Wired magazine.

In January 2012 the Supreme Court overruled an Obama administration assertion that police should be permitted to affix a GPS device to a personal vehicle without a search warrant. Questions were left, however, when the Court declined to answer whether that type of search was unreasonable and when justices could not reach a consensus on how police would need to monitor a suspect before requesting a warrant.

“We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movement, constitutes a ‘search,’” Justice Antonin Scalia wrote for the five-justice majority last January.

Scalia stipulated in the opinion that a warrant was not always necessary, but failed to mention any specific examples of when this would be the case.

Now prosecutors are honing on Scalia’s exact language, arguing that the Supreme Court’s decision only specifies that the installation of a GPS constitutes a search, while the tracking that follows does not. The government argues that the Supreme Court has given police near free reign in allowing for search warrant exceptions.

Searches of students, individuals on probation and border crossings are among the proposed exceptions.












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USA Fan
Houston, Texas, USA
Member since Nov 2012
8722 posts

re: White House to argue for GPS tracking without a warrant


So people can attach things to other people's cars? How is that not automatically illegal?

What if I attach spray paint to a police car? Or what if I attach some eggs to a police car?

Chances are, they won't like that.






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lsu_tiger_az
LSU Fan
AZ/LA
Member since Mar 2004
30404 posts

re: White House to argue for GPS tracking without a warrant


quote:

Now prosecutors are honing on Scalia’s exact language, arguing that the Supreme Court’s decision only specifies that the installation of a GPS constitutes a search, while the tracking that follows does not. The government argues that the Supreme Court has given police near free reign in allowing for search warrant exceptions.

Searches of students, individuals on probation and border crossings are among the proposed exceptions.



The only good news in this issue is it will create a brand new product, the GPS Jammer!








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real
LSU Fan
Dixieland
Member since Oct 2007
12735 posts

re: White House to argue for GPS tracking without a warrant


I wish someone would attach something to Obama's car.





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BayouBandit24
New Orleans Saints Fan
Member since Aug 2010
13565 posts

re: White House to argue for GPS tracking without a warrant


quote:

Lawyers for the Obama administration will argue next week that US authorities are not required to obtain a search warrant before attaching a GPS device to an individual’s car in order to keep tabs on them.


jesus, what's wrong with these people?






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deltaland
Mississippi St. Fan
Member since Mar 2011
24348 posts

re: White House to argue for GPS tracking without a warrant


quote:

jesus, what's wrong with these people?


Never have I seen a Government overstep their boundaries as much as this one. Obama continually does everything to avoid the system of checks and balances...he wants full dictatorship.

They want to know everything we say, do, where we go, what we buy, etc. It is getting beyond ridiculous and how we don't impeach this administration is beyond me.






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real
LSU Fan
Dixieland
Member since Oct 2007
12735 posts

re: White House to argue for GPS tracking without a warrant


They want shite like this to be ok because they know what's coming and politicians,with good reason should be scared. When the shite hit the fan ,it's them that will be made to pay.





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Zahrim
Colorado Fan
McCamey Texas
Member since Mar 2009
4551 posts

re: White House to argue for GPS tracking without a warrant


quote:

It is getting beyond ridiculous and how we don't impeach this administration is beyond me.








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TheOcean
Florida State Fan
Member since Aug 2004
30544 posts

re: White House to argue for GPS tracking without a warrant


This looks DOA





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Jbird
Iowa Fan
In Odramaville with EthanL
Member since Oct 2012
16770 posts

re: White House to argue for GPS tracking without a warrant


Inb4Rexcatursaysnothingtoseehereanditistotallycool






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vodkacop
LSU Fan
GOM
Member since Nov 2008
2000 posts

re: White House to argue for GPS tracking without a warrant


This is some crazy shite





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Jake88
George Mason Fan
Member since Apr 2005
9070 posts

re: White House to argue for GPS tracking without a warrant


Well, at least Obama got rid of the evil Bush wiretapping program that he and his supporters decried so stridently! Right? right?





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themunch
LSU Fan
At home/ at work/ it's all the same
Member since Jan 2007
10894 posts

re: White House to argue for GPS tracking without a warrant


This is some crazy shite

yes sireee






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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
298712 posts

re: White House to argue for GPS tracking without a warrant


quote:

an Obama administration assertion that police should be permitted to affix a GPS device to a personal vehicle without a search warrant

that pro-freedom progressive






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ShoeBang
New Orleans Pelicans Fan
Member since May 2012
4617 posts

re: White House to argue for GPS tracking without a warrant


Democrats, trampling your rights, one press release at a time.





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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
45377 posts

re: White House to argue for GPS tracking without a warrant


Never stand up in court. Legalized stalking





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
298712 posts

re: White House to argue for GPS tracking without a warrant


quote:

Never stand up in court.

i don't know

i can see the argument. they're not invading your privacy, as in your person, home/car, or papers

it's just tracking where your car goes...not what's in it






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JEAUXBLEAUX
LSU Fan
Bayonne, NJ
Member since May 2006
45377 posts

re: White House to argue for GPS tracking without a warrant


Thats true. How different is that from really following you or keeping watch.?





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SlowFlowPro
Stanford Fan
Simple Solutions to Complex Probs
Member since Jan 2004
298712 posts

re: White House to argue for GPS tracking without a warrant


that's the argument





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DeltaDoc
LSU Fan
The Delta
Member since Jan 2008
9079 posts

re: White House to argue for GPS tracking without a warrant


quote:

While the ACLU accused the government of prosecutorial overreach in the case, it praised a new bill - the so-called 'GPS Act' - that would require law enforcement to get a warrant in order to access an individual’s GPS tracking history, whether it be from a vehicle device or a cell phone provider. The bill, which would not affect emergency services but would require police to prove probable cause, was reintroduced into Congress by Senators Ron Wyden (D-OR), Mike Kirk (R-IL) and Representative Jason Chaffetz (R-UT).


In a statement, Wyden decried the government’s blind eye to police overreach.

“GPS technology has evolved into a useful commercial and law enforcement tool - but the rules for the use of that tool have not evolved with it,” he said. “The GPS Act provides law enforcement with a clear mandate for when to obtain a warrant for the geolocation information of an American…It protects the privacy and civil liberty of any American using a GPS-enabled device."


I applaud the ACLU in the recent efforts. I think they have been on the wrong side of some issues in the past, but they are attempting to impede the progression of civil liberty theft by our president.

Unfortunately for the ACLU, because of their past reputation on issues, they will not get the monetary support that NRA gets from folks on the right.

It takes money to fight these issues. NRA has more money than it can spend. It shows in their lobbying efforts, not only nationally but locally.

Bush opened the door with the Patriot Act to all of this and should be forever labeled in poor light as a result. Obama has taken the ball and run with it like Trindon Holiday.






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