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Thread: Supreme Court rules that using GPS violates privacy

  1. #1
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    Supreme Court rules that using GPS violates privacy

    At least in this case.

    Washington (CNN)
    -- Police erred by not obtaining an extended search warrant before attaching a tracking device to a drug suspect's car, the Supreme Court said in a unanimous ruling Monday.A majority of justices said that secretly placing the device and monitoring the man's movements for several weeks constituted a government "search," and therefore, the man's constitutional rights were violated.Four other justices also concluded that the search was improper but said it was because the monthlong monitoring violated the suspect's expectation of privacy.
    http://www.cnn.com/2012/01/23/justic...html?hpt=hp_t3



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  2. #2
    Interesting that all nine justices agreed on the result, but they split on how to get there. The majority -- Roberts, Scalia, Thomas, Kennedy and Sotomayor -- determined that placing a GPS device on a car for more than a month without a valid warrant constitued a search basically because it was a trespass to personal privacy in order to install it. The concurring opinion -- Kagan, Breyer, Ginsburg and Alito -- instead relied on Fourth Amendment law finding that a government investigation could be unconstitutional without a warrant because it violates a person's reasonable expectation of privacy under the Fourth Amendment. I thought Alito's concurring opinion was better reasoned and would have been easier for law enforcement to understand and comply with going forward.

    http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf
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  3. #3
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    As long as they get a warrant I am good with it.


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  4. #4
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    Well....that settles that!

  5. #5
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    Quote Originally Posted by ChitownHusker View Post
    Interesting that all nine justices agreed on the result, but they split on how to get there. The majority -- Roberts, Scalia, Thomas, Kennedy and Sotomayor -- determined that placing a GPS device on a car for more than a month without a valid warrant constitued a search basically because it was a trespass to personal privacy in order to install it. The concurring opinion -- Kagan, Breyer, Ginsburg and Alito -- instead relied on Fourth Amendment law finding that a government investigation could be unconstitutional without a warrant because it violates a person's reasonable expectation of privacy under the Fourth Amendment. I thought Alito's concurring opinion was better reasoned and would have been easier for law enforcement to understand and comply with going forward.

    http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf
    So what they are saying is you do not need a warrant for up to a month and then you have to get one?
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  6. #6
    Quote Originally Posted by Red_in_Blue_Land View Post
    So what they are saying is you do not need a warrant for up to a month and then you have to get one?
    No, that was what happened in the case that the justices are saying in constitutional. What they are unanimously saying is that if you want to attach a GPS tracker to someone's car, you need to have a warrant to do so.
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  7. #7
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    Great news!
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  8. #8
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    Quote Originally Posted by ChitownHusker View Post
    No, that was what happened in the case that the justices are saying in constitutional. What they are unanimously saying is that if you want to attach a GPS tracker to someone's car, you need to have a warrant to do so.
    I did not read the decision, but I was making sure when I read this sentence in your post.

    Quote Originally Posted by ChitownHusker View Post
    Interesting that all nine justices agreed on the result, but they split on how to get there. The majority -- Roberts, Scalia, Thomas, Kennedy and Sotomayor -- determined that placing a GPS device on a car for more than a month without a valid warrant constitued a search basically because it was a trespass to personal privacy in order to install it. The concurring opinion -- Kagan, Breyer, Ginsburg and Alito -- instead relied on Fourth Amendment law finding that a government investigation could be unconstitutional without a warrant because it violates a person's reasonable expectation of privacy under the Fourth Amendment. I thought Alito's concurring opinion was better reasoned and would have been easier for law enforcement to understand and comply with going forward.

    http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." Ayn Rand

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  9. #9
    Quote Originally Posted by ChitownHusker View Post
    Interesting that all nine justices agreed on the result, but they split on how to get there. The majority -- Roberts, Scalia, Thomas, Kennedy and Sotomayor -- determined that placing a GPS device on a car for more than a month without a valid warrant constitued a search basically because it was a trespass to personal privacy in order to install it. The concurring opinion -- Kagan, Breyer, Ginsburg and Alito -- instead relied on Fourth Amendment law finding that a government investigation could be unconstitutional without a warrant because it violates a person's reasonable expectation of privacy under the Fourth Amendment. I thought Alito's concurring opinion was better reasoned and would have been easier for law enforcement to understand and comply with going forward.

    http://www.supremecourt.gov/opinions/11pdf/10-1259.pdf
    Pretty impressed with both sides and that Alito and his crew thought that right to privacy was the salient issue and that the majority was trying to limit it to a search and seizure issue... Pretty interesting that a lot of "conservatives" like to complain that "there is no right to privacy in the Bill of Rights"; and Libs think that Conservatives are worse than weak on it, that a perceived arch conservative Bush Stooge writes the concurring opinion (that dissents on the reason)...

    Prediction... Alito will prevail in the long run...

    Seems like all nine channeled Justice Potter Stewart... they can't really define what is wrong, but they know it when they see it...

    Really pretty interesting that there are a bunch of 8-0 and 9-0 decisions on certain issues... More than I can recall... perhaps Roberts and some others are much better at forming consensus views than people thought.




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