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re: Cops put GPS tracker on man’s car, charge him with theft for removing it

Posted on 11/24/19 at 12:53 am to
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 12:53 am to
That's their problem. If my phone is tapped and I figure it out am I expected to cooperate? I think not. I have rights against self incrimination.

If I find some device on my vehicle and I have no knowledge what it is and who put it there, eff it. It's getting taken off and deactivated. And I'll win in a court of law.

There's a reason it was put there without my knowledge. They want me to incriminate myself. IMO a clear violation of my Fifth Amendment rights.
This post was edited on 11/24/19 at 12:57 am
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 1:06 am to
quote:

That's their problem. If my phone is tapped and I figure it out am I expected to cooperate?

Correct. And if you're doing something illegal, hopefully you'd stop discussing it on a hot line.
quote:

I have rights against self incrimination.

It's actually "nor shall be compelled in any criminal case to be a witness against himself." Plenty of people self incriminate themselves. It happens on a daily basis. You just can't be forced in court to testify against yourself.
quote:

There's a reason it was put there without my knowledge. They want me to incriminate myself. IMO a clear violation of my Fifth Amendment rights.

This post was edited on 11/24/19 at 1:08 am
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 1:39 am to
Laugh if you want chuckles. I'd win. I can't be forced to testify true, nor can I be forced to say anything if interrogated, you skipped that part, without an attorney present.

What a dumbass you are. Gee here's some sort of bug on my car, I'll just leave it on. I am not compelled to assist them in incriminating me.

Theft? Why no Officer, here's your bug. You seem to have misplaced it putting it on my vehicle.

Gee my phone's tapped. It's my civic duty to cooperate and incriminate myself.Goofball. I am under NO compulsion to help them.
This post was edited on 11/24/19 at 1:48 am
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6009 posts
Posted on 11/24/19 at 1:42 am to


This post was edited on 11/24/19 at 3:55 am
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 1:50 am to
You're out of luck with me, because I have no such devices. You know nothing. I don't even carry a cell a lot of times.
This post was edited on 11/24/19 at 1:52 am
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6009 posts
Posted on 11/24/19 at 1:51 am to
(no message)
This post was edited on 11/24/19 at 3:56 am
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 1:51 am to
quote:

I am under NO compulsion to help them.

quote:

I am not compelled to assist them in incriminating me.

You seem to be creating this argument out of thin air... not a word of what I've typed comes anywhere close to saying nor implying this.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 1:54 am to
It's precisely because of companies like yours that my paranoid self does what I do. There's a reason you do what you do, and I don't like it.
Posted by FightingTigers138
In your thoughts
Member since Dec 2016
6009 posts
Posted on 11/24/19 at 1:59 am to
(no message)
This post was edited on 11/24/19 at 3:55 am
Posted by Carl Tuckerson
The wind-swept plains
Member since Oct 2019
1026 posts
Posted on 11/24/19 at 2:01 am to
Warrant, as others have said. No warrant = 4th Amendment violation (considered a “search”).
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 8:18 am to
quote:

There's a reason it was put there without my knowledge. They want me to incriminate myself. IMO a clear violation of my Fifth Amendment rights.

This still cracks me up. A GPS device put there with a warrant is a violation of your 5th amendment rights.
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 11/24/19 at 8:19 am to
quote:

"I'm really struggling with how is that theft," said Justice Steven David during recent oral arguments.


ya think?
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 11/24/19 at 8:21 am to
Welcome to USA under patriot act.

It gave police/fbi/etc unlimited reach, and the ability to stomp on nearly every right you have.

The version Obama resigned, is even scarier than the first one under W.
Posted by Jcorye1
Tom Brady = GoAT
Member since Dec 2007
76373 posts
Posted on 11/24/19 at 8:27 am to
quote:

Yes, there are POS cops, but maybe sometimes protecting more people’s freedom means being a POS in certain instances.


No.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:28 am to
Then they should serve the damn warrant instead of sneaking around and putting it on my vehicle without my knowledge. If I find some strange device on my vehicle and I do not know who put it there and why, it is coming off. I am under no compulsion to research it.

They will play hell in court charging me with something and making it stick, since I was served with no warrant and had no knowledge of who placed the device and why. And yes I could argue my Fifth Amendment rights were being violated warrant or no warrant. Fourth Amendment also and I would seriously question the warrant being issued to begin with.

On what grounds did Judge Rubber Stamp issue this?
This post was edited on 11/24/19 at 8:34 am
Posted by Carl Tuckerson
The wind-swept plains
Member since Oct 2019
1026 posts
Posted on 11/24/19 at 8:36 am to
quote:

There's a reason it was put there without my knowledge. They want me to incriminate myself. IMO a clear violation of my Fifth Amendment rights.

I know your comment is more a reflection of how you think the Fifth Amendment should be interpreted rather than how it is, but for your own reference in handling these and similar tactics in the future, information gathered about your habits or behavior isn't considered testimonial, which means it's not considered to be compelled testimony against yourself. It's analogous to a blood draw or hair sample taken of someone suspected to be violating drug or alcohol laws.

I think I broadly agree with your position. Setting aside how the Supreme Court has defined the 5th Amendment in its own legalistic way and just reading it on its face, I don't actually see how these things aren't considered testimonial.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:39 am to
I know what you are saying. But if I find such a device on my vehicle, I find it hard to believe they can force me to leave it there.

Especially when I have no knowledge of who it belongs to.
This post was edited on 11/24/19 at 8:41 am
Posted by SeeeeK
some where
Member since Sep 2012
30763 posts
Posted on 11/24/19 at 8:41 am to
They have secret courts where they can get warrants on baseless or no Info at all. Patriot act also allows them to hold an American in jail, w/o any evidence or reasons.




It's really scary shite, i mean look how easy it was for them to spy on Trump, with ZERO evidence.
Posted by Carl Tuckerson
The wind-swept plains
Member since Oct 2019
1026 posts
Posted on 11/24/19 at 8:42 am to
Yeah this case is almost certainly them overstepping their boundaries. Criminal charges for removing a tracker planted without your knowledge is ludicrous
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:42 am to
The Founders would probably hang these jokers to be perfectly honest, for a lot of things they do.
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