Police Secretly Planting GPS Devices On Cars
bfwebster writes "The Washington Post has a long investigative article on how more and more police departments are secretly planting GPS tracking devices on the cars of people they are investigating — usually without a warrant. After-the-fact court challenges on this technique have largely upheld such use of a GPS device, though the Washington State Supreme Court has ruled that a warrant is required."
Do the police require a warrant if they want to follow me around for the day? If yes then I believe this should require a warrant. Else, what's the diff except it costs much less and is more discrete.
Grump
Is it true that more people vote for the winner of American Idol, than vote for the president? -Ali G.
Remember that 55% were dumb enough to reelect bush in 2004 too.
The police and FBI have a long, sordid history of intimidation, harassment and disruption of dissident groups and activists (up to and including murder). Any state surveillance of people should require a warrant—both to provide some oversight (which isn't much, considering the way some courts like to rubber-stamp these requests) and make a record of the state's activities against its own citizens.
How do you post at +2 with trolls like that?
They may not dispense justice, but they can arrest and imprison you for days without filing charges. You get to be packed into a room full of real criminals for 72 hours while they figure out if you should even be charged or not.
But I guess since there are no crooked cops this is not a problem.
There are a few interesting points in your post: It all hinges on the "reasonable expectation of privacy".
If I'm walking down a public road, and I look around and don't see anyone nearby, do I have a "reasonable expectation of privacy"?
Is there legal distinction between short term privacy and long term privacy? e.g. Is my expectation that people will not follow me around for any significant period of time "reasonable" under the US constitution?
If a police officer is patrolling in a marked police car, do they have a "reasonable expectation of privacy" or would it be ok to tag that police car with a GPS tracker and display the location real time in a Google Maps mashup? Is there some other law that would prevent this apart from the constitution?
If the above is ok, what about if the police office is parked behind some bushes/a billboard in a "Dukes of Hazard" style speed trap. Does that officer have a "reasonable expectation of privacy"?
What about if said officer is patrolling in an unmarked car (but one which was ID'd as a police car earlier), do they now have a "reasonable expectation of privacy"?
I'm guessing that most of these questions haven't been answered by US courts. I'd be particularly interested if there is a distinction between the expectation of privacy for police officers and the expectation of privacy for the general public.
For you, a private citizen, following a police officer or other official while in performance of their duties is illegal.
It begs to be asked: why?
"It's time to take life by the cans." ~ Bender ("Bendin' in the Wind", ep. 3-13)