Tracking your car? Cops need a warrant, says judge
source: http://arstechnica.com/tech-policy/news/2010/08/warrantless-gps-tracking-takes-another-blow-...
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- toyotabedzrock
- added this
Warrantless GPS tracking has always been a contentious issue, with supporters arguing that an individual can make similar observations about the location of your car just by driving around town and noting that you're at home, you're at the grocery store, you're at the strip club, and so on.
Detractors, which include the Electronic Frontier Foundation and the American Civil Liberties Union, argue that it's one thing to note someone's car location and another to keep hourly data on every single stop you make along a specific route for days or months on end.
In this particular case, two nightclub owners, Antoine Jones and Lawrence Maynard, had been convicted on narcotics charges in part due to police-collected GPS data. Police had planted* the GPS unit on a car that was parked on private property, then tracked its whereabouts for a month. The government argued that the suspects had no reasonable expectation of privacy because their movements took place out in public.
The appeals court disagreed. "Society recognizes Jones‘ expectation of privacy in his movements over the course of a month as reasonable, and the use of the GPS device to monitor those movements defeated that reasonable expectation," wrote the court.
Both the ACLU and EFF applauded the decision, saying that the Supreme Court had not considered location tracking in such depth and for such a long period of time.
"GPS tracking enables the police to know when you visit your doctor, your lawyer, your church, or your lover," ACLU-NCA Legal Director Arthur Spitzer said in a statement. "And if many people are tracked, GPS data will show when and where they cross paths. Judicial supervision of this powerful technology is essential if we are to preserve individual liberty. Today's decision helps brings the Fourth Amendment into the 21st Century."
The decision does indeed help set a precedent for future cases, though similar decisions vary by state. In 2009, the Wisconsin Court of Appeals ruled that warrantless GPS tracking did not violate an individual's Fourth Amendment rights, while the New York Court of Appeals said that it did.
In Jones' case, his conviction was heavily dependent upon the GPS data collected by police; as a result, the court reversed his conviction. (Maynard wasn't so lucky, as there was other convincing evidence against him.)
* The court documents don't say what police used in this specific situation, but the court's opinion includes a description of a miniature GPS dart, a radio transmitter, and a battery in "a sticky compound material" that will stick to a vehicle when fired. Perhaps we're late to the party, but this is some serious Spiderman tech going on here.
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blackheartman
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Since when do the cops listen to the courts? They don't give a fuck if what they're doing is illegal or not.
- 1 year ago
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blackheartman
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MotherForTruth
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A cell phone is a tracking device.
- 1 year ago
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MotherForTruth
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ayipis
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http://www.guardian.co.uk/society/2008/jun/04/prisonsandprobation.justice
drug dealers have rights too I guess..they have the right to prey on people..and guess who is helping them
More than 40 people have been caught trying to break into prisons in the last five years, highlighting a growing drug problem in the penal system, according to new government figures.
The data released by the justice secretary, Jack Straw, showed that 19 people were involved in such incidents last year alone.
The figures appeared to confirm warnings from the Prison Officer Association.
The shadow justice secretary, Nick Herbert, who requested the information, said: "Whether these are offenders trying to return to jail, as prison officers have alleged, or dealers trying to traffic drugs, it is ludicrous that supposedly secure establishments can be breached in this way."
In April, the POA assistant general secretary, Glyn Travis, said: "Drugs are coming in at a rate that's so dramatic that [they] are actually cheaper than on the outside.
"It tells me there's something wrong in society when people are breaking into jail to bring in drugs and prostitutes, but the prisoners are quite happy to stay inside."
- 1 year ago
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ayipis
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ayipis
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since we are almost on the issue of drug use...here is a little side note..
http://www.professorshouse.com/family/health/facts-about-marijuana.aspx
Long Term Effects of Marijuana Use
Studies have demonstrated that inhaling marijuana over a long period of time can cause cellular changes in the lung tissue called metaplasia. Metaplasia is considered pre-cancerous. It has been found that marijuana smoke contains over 50 -70 percent more carcinogens than tobacco smoke! Since users inhale the unfiltered smoke deeply and hold for a longer period of time, the lung tissue is irritated and this results in coughing, phlegm and increased risk of emphysema. Additionally, due to an increase of up to 50% in the heart rate, it can cause chest pain in those with already compromised cardiac function and may result in heart attack.
THC also has a negative impact on the immune system. This results in more frequent bouts with bacterial infections and respiratory illnesses. One study of 450 people that smoked marijuana on a steady basis demonstrated more lost work days than their counterparts.Psychological and Social Effects
Problems in socialization can result from the constant use of marijuana. Disassociation, depression, melancholy and anxiety have all associated with long term usage. Since marijuana reduces memory retention and attention span, learning is compromised, resulting in decreases of accomplishment in the classroom or workplace. Once the user quits smoking marijuana for 4 weeks, cognitive ability resumes and the negative impact decreases.Chronic smokers of this substance have a higher frequency of divorce and disruptive family life. The negative socialization aspect has a heavy negative impact on daily life. In the work place studies found that marijuana smokers had a 55% increase in compensation claims, sick days and tardiness. On the job performance suffered as well. The heavy smoking employees have a problem with retention span, paying attention to detail and retaining directives.
Marijuana smokers describe the effect of prolonged usage of the drug as “Burnout”. This presents in a smoker as a dull, listless, and inattentive individual, - so unaware of their surroundings that they become non-responsive and appear like a ‘zombie”.
- 1 year ago
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ayipis
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Omnomynous
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ayipis:
What is the deal with your deceitful propaganda? Picking on "drug users", are you just not bright enough to figure, that everyone has a hobby or passion, something in their life that brings them a euphoric feeling much like drugs?
Did you not get that just about everything we do is based on chemical reactions within our brains "reward center"? That someone could be just as addicted to some seemingly harmless thing as any drug, sometimes with way more devastating repercussions.
For example there have been several stories in the news about "gamer" parents getting addicted to online games and neglecting, even to the point of death their infant children...... OVER A FUCKING LEGAL VIDEO GAME!!!
That and that "Reefer Madness" shit is quite old, we don't need a war on people, or personal freedoms disguised as a "drug war". Or some "holier than thou" prick, trying to piss off educated responsible drug users.
Get a life, I'm gonna go get high.....
- 1 year ago
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Omnomynous
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bailey78
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The police need a warrent but the car company does not. So all the police have to do is call and ask. That is the loophole they will use to track you.
- 1 year ago
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bailey78
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littlwarrior
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Did not know that they were doing this, but glad they cant anymore i guess.
- 1 year ago
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littlwarrior
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toyotabedzrock
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One more Bush policy proved illegal!
- 1 year ago
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toyotabedzrock
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ayipis
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toyotabedzrock:
Obama finds these policies very handy......still in use i see
- 1 year ago
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ayipis