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5/15/2009
WI GPS-on-a-car ruling contradicted in NY
Do police need a warrant before placing a GPS on a car? Wisconsin last week said no. New York, earlier this week, said yes.
The New York State Court of Appeals Tuesday ruled that a criminal suspect’s state constitutional rights were violated when police placed a GPS tracking device inside the bumper of his van without obtaining a warrant. From the Times:
The judge also raised the specter of a GPS being used to penetrate every part of a person’s private life.
The judge added that the ruling had no bearing on federal cases, because the United States Supreme Court has not ruled upon whether the use of a GPS by the state in criminal investigations constitutes a search under the Fourth Amendment, and most federal appellate courts have not addressed the issue.
“In light of the unsettled state of federal law on the issue, we premise our ruling on our State Constitution alone,” Judge Lippman wrote, citing similar decisions in Washington State and Oregon. He was joined by Judges Carmen Beauchamp Ciparick, Eugene F. Pigott Jr. and Theodore T. Jones.
In a dissenting opinion, Judge Robert S. Smith acknowledged the newness and greater efficiency of GPS devices but defended the legitimacy of the search. Contrast that with Wisconsin’s ruling last week, as detailed in the Journal Sentinel.
The 4th District Court of Appeals on Thursday upheld the secret use by police of a GPS tracking device to gather evidence against a Dane County man accused of stalking an ex-girlfriend.
…. In a decision written by Judge Paul Lundsten, the court found that police use of the tracking information was not a violation of Michael Sveum's constitutional right to be free of unreasonable search and seizures, but the court went on to say:
"We are more than a little troubled by the conclusion that no Fourth Amendment search or seizure occurs when police use a GPS or similar device as they have here. So far as we can tell, existing law does not limit the government's use of tracking devices to investigations of legitimate criminal suspects. If there is no Fourth Amendment search or seizure, police are seemingly free to secretly track anyone's public movements with a GPS device." Both courts are troubled with their decisions. surrounding this new technology. Privacy, or prevent more stalking? Privacy, or capture and put behind bars, an incessant burglar? Privacy - or protection of the public?
Jo Egelhoff, FoxPolitics.net
COMMENTS
Technology knows no bounds...we could say.
So where does it end Wisconsin?
If he pulls his car, into his garage, you have clearly violated the 4th by putting a tracking device on his private property. If you stop his car, you can't search it without a warrent unless you have probable cause. Will tracking devices automatically give you that right, ( "You were going 31 in a 30 zone" ) What next ?
Why not use a video pen. You know, one of those James Bond deals where the pen records all scenes and voices?
You can give them away to everyone and we will all be followed. There is no end to this folks !
They could have easily got a court order, but didn't ..WHY ?
That is the question to ask.
(If you were a logical judge)
If they had no evidence to justify, then what they did was illegal..read the law.
But What can we expect from Madison..
DO you really want rights?
The Court says NO by its action.
This is the very same body that was created by our Constitution for what class ?....Of Course!...the sole purpose of the court is "To Protect The People" from errent and oppressive laws made and performed by the Legislative and the Excutive branch's of the government .
Nice to know they "got your back " (sic)
Rich (Fri May 15 20:45:51 2009)
They already want to put GPS devices in our animals. Obama wants Smart Grid by the end of 2010 (look up the RFD.com article on S.G.) They have the capability to inject microchips into humans via single-dose vial vaccines. The census people have been talking about putting GPSs on every front door in the US. I make no accusations, but it doesn't look good to me.
emily matthews (Sat May 16 13:14:37 2009)
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