Slashdot Mirror


Supreme Court To Weigh In On Warrantless GPS Tracking

CWmike writes "In a move with far-reaching privacy implications, the U.S. Supreme Court has decided to hear a case involving the government's authority to conduct prolonged GPS tracking of suspects in criminal cases without first obtaining a court warrant. The government has argued that it has the authority to conduct such searches; privacy advocates have argued that such tracking violates Fourth Amendment protections against unreasonable search and seizure. The Supreme Court's decision in the case will be pivotal because lesser courts around the U.S. have appeared split on the issue in recent years, with some upholding warrantless GPS tracking and others rejecting it. Last August, the U.S. Court of Appeals for the District of Columbia circuit sided with the subject of the Supreme Court hearing, Antoine Jones, a Washington, D.C. man who was convicted in 2008 on charges of possessing and conspiring to distribute more than 50 kilograms of cocaine, and rejected claims by the government that federal agents have the right to conduct around-the-clock warrantless GPS tracking of suspects."

4 of 191 comments (clear)

  1. Predictions? see Kyllo v. United States by triclipse · · Score: 5, Informative
    Wrong. Your best bet for predictions is Kyllo v. United States, 533 U.S. 27.

    Kyllo held that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant. Because the police in this case did not have a warrant, the Court reversed Kyllo's conviction for growing marijuana.

    Majority: Scalia, joined by Souter, Thomas, Ginsburg, Breyer

    Dissent: Stevens, joined by Rehnquist, O'Connor, Kennedy

    Kyllo was a win for us, but you can bet Sotamayor and Kagan will follow Stevens lead, and Roberts and Alito will follow Rehnquist/Connor. We get the worst of both the "liberal" and "conservative" Justices.

    See: http://en.wikipedia.org/wiki/Kyllo_v._United_States

    --
    No Inflation Taxation without Representation
  2. Re:Bad-ruling trifecta in play... by Moryath · · Score: 5, Insightful

    Oh fuck you.

    Clarence "Just Bribe My Wife" Thomas's points were as disgustingly intellectually dishonest as I've ever seen from him.

    Parental responsibility is just that: PARENTAL. It doesn't mean kids need to have a signed fucking permission slip to go into a store to buy a comic book, bubble gum, or even a video game. It means it is the responsibility of the PARENT to manage what money their kids are given, what they are allowed to do with it, and to punish the kid appropriately when the kid decides to "go behind their parents' backs and..."

    If you as a parent don't want your kid to buy a certain game, or a certain action figure, or a toy cap gun, or a certain book, or a magazine, or any one of a gazillion other things that uptight cult-brainwashed puritan moron parents seem to think are "bad" for their kids, then YOU TALK TO YOUR KID ABOUT IT. It is the responsibility of the PARENT to keep tabs on what their kid is doing/buying.

    The ruling, rightly stated, points out that it is NOT the right of the parent to demand that every fucking shopkeeper in the state has to be a fucking prick about selling harmless things and checking ID merely because of the 1 in a million chance that the parents of the kid in front of him might be the sort of fucking gap-toothed asshole who insists that the only books in the house be "Da Bible" and the gun cleaning manual hanging next to the rack of roadkill waiting to be gutted and spit-roasted for dinner.

  3. Why don't you support or troops?! by jeko · · Score: 5, Funny

    If it were up to this court the government would be able to quarter troops in our homes.

    You should be HONORED to have one of our brave troops set foot in your home, you dope-smoking Liberal. If it wasn't for our troops, you wouldn't have a home, you Sharia-loving socialist! You should take a trip down to the local VA hospital to get a close look at the blood and limbs that have been lost to save your freedom. My wife and I moved into the garage so the fine young hero in our care could sleep in a decent bed after the rock mattresses he got in Afghanistan.

    Sure, they were good enough to fight for you in Iraq, but now you think our troops should be homeless. You make me sick, you Jon Stewart acolyte.

    [I defy you to work through Poe's Law on this one. :-) ]

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."
  4. Matter no degree, not type by jeko · · Score: 5, Insightful

    The cops can already get this information by dangerously and expensively tailing you or flying over your head, and they can do that without a warrant; why should obtaining the same information from a GPS be any different?

    Because Liberty is a matter of degree, not just type. A woman runs into her ex-boyfriend at Starbucks Monday morning. If she doesn't see him again, that's chance. If she bumps into him again at lunch, that's odd. If she sees him at dinner, it's weird. If she sees him every time she sets foot out her door, that's stalking.

    Police departments have finite resources. They can only surveil a handful of people full-time. That's police work. If they can automate that and keep track of thousands of people simultaneously while logging their every movement into a database, that's Orwellian.

    The fact that they would do that while trespassing on my property is just creepy.

     

    --
    He put his boots up on the table and made a face. "The sig," he smirked. "You can waste your life in search of the sig."