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Old 02-24-2011, 06:20 AM   #4 (permalink)
KirStang
Future Bureaucrat
 
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Ask and ye shall receive:

The Government's New Right to Track Your Every Move With GPS - TIME

Quote:
Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway — and no reasonable expectation that the government isn't tracking your movements.

Read more: The Government's New Right to Track Your Every Move With GPS - TIME
but see United States v. Maynard, 615 F.3d 544 (D.C. Cir. 2010)

Quote:
Last month, in United States v. Maynard, the U.S. Court of Appeals for the D.C. Circuit held that the Fourth Amendment "reasonable search" requirement applies to police when they track the movements of a person's car via an attached GPS device. In so holding, the D.C. Circuit joined a growing list of federal appellate courts that have opined on both sides of the question whether GPS-tracking constitutes a "search" for purposes of the Fourth Amendment's prohibition against unreasonable searches and seizures.
http://www.eff.org/files/filenode/US...d_decision.pdf

(a) Depends on what jurisdiction you're in.

and

(b) it ostensibly was not a state actor, although you can make an agency argument. Under what I've studied in section 1983 "state actor" law, this would not suffice to become state action and invoke 4th Amendment protection (1983 is civil, whereas this is criminal).

Finally, there is always room to study each case and draw parallels on the facts and reasoning. I somehow doubt a judge would be very sympathetic to a couple who stole $5 mil worth of goods.
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Last edited by KirStang; 02-24-2011 at 06:21 AM.. Reason: 4th Amendment violations are wrong...but somehow Murder is okay?
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