[US] Rights not violated if police install a GPS on your car

Discussion in 'User Submitted News' started by soulx, Aug 28, 2010.

  1. soulx
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    soulx GBAtemp Legend

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    Back in January, a court in Portland, Oregon ruled that the Fourth Amendment rights of one Juan Pineda-Moreno had not been violated by the police when they tracked him using various GPS devices they installed on the underside of his Jeep with magnets. You see, the police suspected that Pineda-Moreno was growing Marijuana somewhere, and they really didn't like that. Eventually, Pineda-Moreno was arrested and convicted of crimes involving the growth of said Marijuana -- but he appealed the decision because he thought that his Fourth Amendment rights (the one which guards against unreasonable search and seizure) had been violated. The appeals court has recently upheld the original decision, but there were five dissenting votes, meaning that the case is anything but cut and dried. Now, what's obvious is that the police didn't have to traverse into "private" space to attach the tracking device to the suspect's car, but clearly it's debatable -- even as far as the judges are concerned -- what constitutes private and public space. The case is surely not going to end here, so we'll keep you updated. In the meantime, watch your back. [/p]
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    They're allowed to do that without a warrant. Sucks for Americans. You can also do the opposite and put a GPS on a cop car, instead.
     
  2. DiscostewSM

    DiscostewSM GBAtemp Guru

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    Could I get the full package if I allow them to install GPS in my car?
     
  3. Zetta_x

    Zetta_x The Insane Statistician

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    I can imagine a low profile service hiding GPS in all cop cars and sending this info to end users.
     
  4. Terminator02

    Terminator02 ヽ( 。 ヮ゚)ノ

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    Somewhere near monkat
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  5. monkat

    monkat I'd like to see you TRY to ban me. (Should I try?.

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    I...couldn't care less.

    The only reason you would care is if you were doing something illegal away from your home.
     
  6. Zetta_x

    Zetta_x The Insane Statistician

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    I have been driving for 5 years about a total of 50,000 miles and I have yet to get a ticket or into an accident.

    I run stop signs like crazy. I feel if no one is at a stop sign (including police and what not, and yes I make sure I check) then I don't need to waste my brakes to stop. Not only that, you need to recover your speed also wasting your gas.
    On that note, I run red lights without cameras.
    I don't speed, the air resistance is directly proportional squared to your velocity. After a certain MPH it will be like accelerating while holding your breaks. I got pulled over once for going to slow on a free way at 2:00 AM. It was suspicion of drinking, but instead it was just me being lame.

    There is almost no instant where I drive somewhere completely legal. I would be feared to have one of these, but I wouldn't mind re-working the device to give me an output of my own position.
     
  7. FaSMaN

    FaSMaN Advanced Member

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  8. injected11

    injected11 Crescent Fresh™

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    ... just wow. You actually deserve one of the tracking doohickeys hidden on your car.
     
  9. Lunatics

    Lunatics GBAtemp Regular

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    Or they would care because people want their rights protected. If I'm driving and get pulled over and all of the sudden a cop starts telling me to get out and search my vehicle I have the right to tell him no and refuse the search. It doesn't mean I have illegal things in my care or that I was doing anything wrong. I want my privacy protected and my rights protected. Maybe I had a dildo in my car that I bought for my girlfriend or some shit, and the cop starts going through my car and finds it and then starts shit about it. There are plenty of reasons for why you would not want your rights infringed upon, whether illegal, embarrassing, or because you just plain want your privacy and rights protected.
     
  10. Gore

    Gore GBAtemp Advanced Maniac

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    That should definitely be illegal, that evidence should be obtained illegally, and he should be not guilty
    That is definitely not justice

    this is the kind of attitude that will allow them to put up cameras so we can be watched everywhere (which is already happening BIG TIME)
    oh it doesn't matter, they can watch me, i'm not doing anything wrong the only people who care are the ones doing things they shouldn't!

    like mentioned above, there are all sorts of reasons for privacy, and simply not wanting it invaded for no reason whatsoever is absolutely a great reason why they shouldn't

    don't give up our liberties man
     
  11. andy249901

    andy249901 GBAtemp Fan

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    i live in portland and i didnt know about this. i must be really slow...
     
  12. Veho

    Veho The man who cried "Ni".

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    True, but they didn't search his car so the point is moot.
     
  13. Lunatics

    Lunatics GBAtemp Regular

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    You're right, but they installed a GPS device on his car to track all of his movements without his knowledge or consent, because "they thought" he grew marijuana, then proceeded to follow him to the places he went and eventually search them and arrest him. That still should fall under the 4th amendment, and should be illegal.
     
  14. Veho

    Veho The man who cried "Ni".

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    Since when is surveillance illegal?
     
  15. Gore

    Gore GBAtemp Advanced Maniac

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    You wouldn't have a problem with the police tracking your movements?
    You personally? Just because you don't do anything wrong you think it's dandy?
     
  16. Veho

    Veho The man who cried "Ni".

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    Think about what you just said.
     
  17. Gore

    Gore GBAtemp Advanced Maniac

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    it doesn't matter that he's guilty. I feel that his constitutional rights have been infringed, and that the evidence was obtained illegally.
     
  18. Overlord Nadrian

    Overlord Nadrian Banned

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    Interesting.

    @Veho: I think surveillance can be seen as invasion of privacy, which would then be illegal. Not sure though.
     
  19. FAST6191

    FAST6191 Techromancer

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    So "I you have nothing to hide you have nothing to fear" by any other phrasing? The usual response in these circumstances does not sit properly with me but I will volunteer it anyway- so you have no curtains in your house then?

    Anyhow the funnier one was the court case a few years back from someone selling a police bug. I can not seem to find a link though.

    As for the matter at hand I thought every good crook knew about this sort of thing and had two vehicles or at the very least did a sweep of their vehicle.

    re: "I run stop signs like crazy" of all the differences driving stateside that is the one that took the most getting used to for me (although not half as annoying as traffic lights out at a cross junction).

    @Veho surveillance in and of itself is usually at least justifiable but there are instances where it can be considered persecution, I suspect this is one of the avenues the legal team were intending to pursue.
     
  20. Canonbeat234

    Canonbeat234 Redeemed Temper

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    The thing is we all go by presumption these days. No one seems to love doing any background work to see that the person did grew drugs and hide them inside his car. The problem is they 'presume' then installed a GPS to see if they were right. What happen if the cops were wrong? Will the Police Department get in trouble for installing a GPS without the driver's consent? How can the court system get so lazy at the matter the police violated his car?

    This is going to be abused, A LOT! No more drunk driving, speeding, or having any pivacy. Each time you drive, you will be reminded those officers have a tracking device on you. Just you wait, there's going to be 5-30 cases on the news that polices are installing those devices on people's cars which the civilians are going to feel its violating their 4th amendment. Guess what the court is going to say about? 'LOL LOL LOL, Your amendments R belong to us! Resistance is futile!'

    This is just one step further for the US to turn into a communist country.