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Supreme Court Rules to Protect Privacy Rights (4th Amendment)

Original post made by Hurray, Another Pleasanton neighborhood, on Jan 23, 2012

Good news.

The Supreme Court just ruled that the police or government can't monitor people's movements with GPS tracking devices without a search warrant.

This means the police can't just put a GPS tracking device on your car and start tracking your movements like has been done in the Bay Area. The Supreme Court has ruled that people have a reasonable expectation of privacy and that the government putting a GPS tracking device on a car to track someones movements without a search warrant is unconstitutional.

This is a victory because the Supreme Court has significantly limited widespread spying by the government on ordinary citizens.

Comments (16)

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Posted by Resident
a resident of Another Pleasanton neighborhood
on Jan 23, 2012 at 9:54 am

That is good news. So when a dog sniffig case goes to the Supreme Court, it is likely they will rule that sniffing dogs violate the 4th amenment right to privacy - a case is currently in the Supreme Court, about a dog sniffing the outside of a house (Florida Supreme Court already ruled sniffing violated the 4th amendment right and case is now in the US Supreme Court)


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Posted by Resident
a resident of Another Pleasanton neighborhood
on Jan 23, 2012 at 9:57 am

I am not a fan of republicans in general, but good for Rand Paul for standing up against an invasion of privacy (pat down at airport):

Web Link


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Posted by Gloria
a resident of Stoneridge Orchards
on Jan 23, 2012 at 10:02 am

Yes, although the right-wing boobs keep carping on about how the Constitution does not defend the right to privacy, the right has been a matter of law for decades now. Of course, it is the Supreme Court's reasoning on privacy that will ensure they will reject consideration of cases aimed at taking away pregnant women's right to privacy as well.


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Posted by Hurray
a resident of Another Pleasanton neighborhood
on Jan 23, 2012 at 10:44 am

Resident, I agree. The dog sniffing as requiring probable cause and a search warrant will also probably be upheld by the Supreme Court as unconstitutional unless there is a search warrant or probable cause.

Airports have more ability to search randomly because of the so-called "border-search" exception.


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Jan 23, 2012 at 10:50 am

Stacey is a registered user.

From another article on Rand Paul and TSA: "But [Whitehouse press secretary] Carney sided with the TSA saying, "I think it is absolutely essential that we take necessary actions to ensure that air travel is safe.""

I just have to ask... Is strip searching 85-year old ladies "necessary actions" that "ensure that air travel is safe"? Do they strip search 85-year old ladies in Israel?


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Posted by Hurray
a resident of Another Pleasanton neighborhood
on Jan 23, 2012 at 11:02 am

For U.S. border security, I think there are two levels of search, the random search and a higher level search, but the higher level search requires reasonable suspicion, but not probable cause (a higher standard).

For Israel, that is another story, but they have their own laws there and due to the amount of terrorism, their searches are very extensive. I have heard of items confiscated and never returned, items like bars of soap drilled through to search for explosives, interrogations and yes strip searches. They search every nationality and gender and age group.

I was taken aside and detained once in Germany at an airport for a while when on business travel from CA, but never knew exactly why.


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Posted by Russ
a resident of Amberwood/Wood Meadows
on Jan 23, 2012 at 1:58 pm

"good for Rand Paul for standing up against an invasion of privacy"

Yep, I especially like his position on restaurants and gas stations having the personal liberty to refuse African Americans food and petrol. He's a real national gem he is, just like his Daddy.


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Posted by GPS Special Investigations Uint
a resident of another community
on Jan 23, 2012 at 7:58 pm

[Post removed due to disrespectful comment or offensive language]


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Posted by steve
a resident of Parkside
on Jan 24, 2012 at 1:09 pm

Once again, your court system handing potential and current criminals another reason to keep doing what they are doing with impunity. Like any tool, using GPS technology can be used or abused, but the benefits certainly outweigh the 'cist'.
Heck, you purchase software and services to track just about anyone right now, including your own kids or anyone with a cell phone.

The complaint was lodged by a muslim who did not want authorities to know his whereabouts and now hopes to cash in by suing the dept.
his ruling also opens the door for Yusef Bey to file for a retrial, since he was also tracking (this information from today's C.C. Times).
Hope you guys are proud of what you're supporting.......and hope you don't become a victim of crime.


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Posted by Gloria
a resident of Stoneridge Orchards
on Jan 24, 2012 at 1:32 pm

I'm personally for any benefit that outweighs a 'cist'.

How about we place bright red beacons on all right-wing simpletons who feel they must respond to every post?


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Posted by Hurray
a resident of Another Pleasanton neighborhood
on Jan 24, 2012 at 4:06 pm

I wish the issues could be discussed without all the name calling.

Parents tracking where their children are vs. all-pervasive surveillance by employees of the government are two separate things. Just how much of a Big Brother state do people want to tolerate? How much tax money is spent on the government watching and broadcasting the whereabouts and activities of ordinary citizens?


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Posted by Patriot
a resident of Another Pleasanton neighborhood
on Jan 24, 2012 at 5:54 pm

Steve,

I don't know if you are kidding or not, but I hope go back and read the fourth amendment, and some of the history of why it is in the bill of rights. It was a unanimous decision by the court, and it was the right decision.


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Posted by waa-waaah-WAAAuh
a resident of another community
on Jan 25, 2012 at 2:31 am

Only we can't trust these Judges to call it fair.
All you need is one bias, constitution breaking,
due-process violating, Bennedict Arnold to reak havoc.
And P-town's got just some of those Judges.


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Posted by Resident
a resident of Another Pleasanton neighborhood
on Jan 25, 2012 at 7:38 am

PUSD just approved the use of sniffing dogs.


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Posted by Patriot
a resident of Another Pleasanton neighborhood
on Jan 25, 2012 at 8:19 am

Resident,

I'm hoping to be able attend the meetings coming up in February. I'm hoping there is time to dissuade them. Otherwise, they can count on legal action. I wonder if these board members were sleeping in their civics classes or if they ever studied early American history. This is a school board we are talking about. I'd really like to hear their interpretation of the fourth amendment.


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Posted by Thats my Motto
a resident of Another Pleasanton neighborhood
on Jan 28, 2012 at 5:48 pm

If the Pleasanton Police Dept. played fair then every law enforcement
agency across this country would still have warrentless gps tracking.
It took a bunch of bad apples from the PPD rite along with a B/gg/t
Police Chief to make it illegal to track without a warrent. It took a S.pecial I.nvestigations U.nit that steals, frames, lie's on police
reports, keeps Judges in there back pockets to make this happen.
It wasn't Santa Clara P.D. and the FBI loosy placing a tracker on
Yasir Afifi's car that swayed the Supreme court Justices. No, it took
someone with an Engineering, automotive mechanical history, and
telecommunications background to put the brakes on that warrentless
G.P.S. tracking. So thank the Pleasanton S.I.U. for making it happen.
:)


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