Privacy Expert Previews SCOTUS GPS Tracking Case With The Blaze
- Posted on November 5, 2011 at 12:30am by
Liz Klimas
- Print »
- Email »
It seems just what constitutes a search and therefore should require a warrant is coming into question more and more as authorities are collecting cellphone and GPS system information to track and receive other intelligence in criminal investigations.
This Tuesday the Supreme Court will begin hearing a case on if GPS tracking in public places — anywhere outside the home — without a warrant is constitutional.
USA Today reports that Supreme Court will decide whether “constant surveillance is such an intrusion on people‘s lives that police need a warrant before attaching a GPS device to a person’s car.” The case they will hear is that of Antoine Jones, a man who was tracked by GPS for a month in a cocaine trafficking investigation. The investigation lead authorities to find large amounts of cocaine and convict him on this charge in 2008 to life in prison. Jones appealed saying that it violates the Fourth Amendment as a warrantless search, and the Washington, D.C., court of appeals ruled in Jones’ favor. The case now moves to the high court was again appealed by the Justice Department.
Vice President of Public Policy for the Center for Democracy and Technology, a privacy advocacy group, Jim Dempsey said he cannot even predict how the case will turn out but that he thinks the court will be receptive to looking at how technology has evolved with respect to the laws that affect it.
“The question is ‘How do you apply historical thinking [...] to new technology?’” Dempsey said.
- Solicitor General Donald Verrilli does not think warrants are needed for GPS to track public movements. (Photo: Evan Vucci, AP)
USA Today continues:
Solicitor General [Donald] Verrilli is urging the high court to rely on its 1983 ruling in United States v. Knotts, which said the use of a beeper to track a suspect driving to a drug lab was not a search under the Fourth Amendment. Verrilli says the lower court hearing Jones’ appeal wrongly abandoned a longstanding line between private information and information that is “exposed to the public,” for example, on roadways.
Several counter arguments that will be reviewed, as reported by USA Today, include if a month of constant tracking could be considered “public”. Jones’ attorney, Stephen Leckar, said in an interview, “I‘m not saying the government can’t tail you, but they can’t track people relentlessly without a warrant. … Who wants to live in a totalitarian state when you’re under constant electronic monitoring?”
Dempsey said that CDT provided the Supreme Court with its own brief focused on the difference between the beepers put on cars in the 1980s and the GPS systems of today. The difference he says is that bumper beepers still relied on an officer making physical observations of the person in question; the beepers weren’t as precise at pin-pointing movements nor were they constant, so an officer still sat in a squad car watching. The police were therefore watching actions taking place in public, which anyone stepping outside their home can reasonably expect.
“With GPS, police can track you while they’re sitting in their den on their laptop watching a football game on TV,” Dempsey said. “Constantly being observed is not reasonable as to what people expect.”
Verrilli said in USA Today that just because technology has become more advanced, doesn’t mean that the information is “less public.”
Dempsey also noted that the court will be reviewing, for the first time, if it’s constitutional to actually put a device like this on a car, considering that it’s personal property.
“If you scratch my car a millimeter deep, you’re messing with my property,” Dempsey said. “If you paint an ad on my car, you’re messing with my property. The property right is basically the right to say ‘Don’t touch that; that’s mine.’ How is placing a GPS different?”
Earlier this year, The Blaze reported another case, which will be heard by the Supreme Court, on the constitutionality of the FBI placing a GPS device a half-Muslim half-American college student’s car without a warrant in 2010.
On a slightly different note but still a similar case of questionable adherence to the Fourth Amendment, Wired reports the FBI faking a Verizon cell phone tower to trace a wireless card of an alleged identity thief in 2008. According to Wired, the FBI used a stingray to “trick nearby cellphones and other wireless communication devices into connecting to the tower, as they would to a real cellphone tower.” Here’s more from Wired on stingrays:
When devices connect, stingrays can see and record their unique ID numbers and traffic data, as well as information that points to a device’s location. To prevent detection by suspects, the stingray sends the data to a real tower so that traffic continues to flow.
[...]
The device, however, doesn’t just capture information related to a targeted phone. It captures data from “all wireless devices in the immediate area of the FBI device that subscribe to a particular provider” — including data of innocent people who are not the target of the investigation, according to the affidavit. FBI policy requires agents purge all data stored in the surveillance tool at the conclusion of an operation, so that the FBI is not collecting “information about individuals who are not the subject of criminal or national security investigations,” the affidavit added.
Daniel David Rigmaiden, defending himself, argued because the device was used to locate his wireless card inside his apartment that it constituted a search, and therefore violated his fourth amendment rights without a warrant. As Wired reports, it was acknowledged by the prosecution that this could be considered a search, but that they were covered by the warrant the requested to obtain information directly from Verizon and that they didn’t need a separate warrant for the fake tower.
Dempsey notes that cell tower information from the company can be obtained without a warrant. He said that with each company wanting to provide the best service, which requires more cell towers, it could get easier in general to obtain information of your whereabouts without a warrant. He said that the cell company collects information about ever seven seconds from the cell tower you’re connecting to, which therefore pins a location pretty close to where you are.
Imagine you had poor cell service in your house, Dempsey said providing an example. You could essentially get a tower put in your house; almost every floor of office buildings have their own cell tower now for good service. Now you have a precise location of your inside your home, Dempsey said, where you and anyone who visits you and uses their cellphone can be picked up as data by the cell company, which doesn’t require a warrant for information.
Popular Stories
Paper Details Obama Admin’s Alleged Secret Note Sent to Iran: If Israel Attacks, We Won’t Get Involved 577 Comments
‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 404 Comments
This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 403 Comments
Roseanne Barr: Most Billionaires ‘Violent Pedophiles’ & ‘Heartless’ Cocaine Addicts 372 Comments
President Obama Issues Major ‘Green Energy’ Executive Order 343 Comments
Faith
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 403 Comments
Pakistani Muslim Cleric Accused of Framing Disabled Christian Girl in Koran-Burning Case Read More- ‘Made Up Religion’: TV Historian Enrages Muslims, Receives Threats After Producing UK Documentary Questioning Islam’s Beginnings 404 Comments
Meet the Controversial German Imam Accused of Brutally Beating His Wife & Pushing Sharia Law Read More
‘Self-Proclaimed Messiah’ & Unification Church Leader the Rev. Sun Myung Moon Has Died — Here’s His Life Story Read More
Business
- President Obama Issues Major ‘Green Energy’ Executive Order 343 Comments
- Germany’s Upcoming Court Ruling Will be Huge for the EU Read More
Ford Looks to Beat Toyota for Best-Selling Car in 2012 With This Model 150 Comments
Bernanke & QE3: Here’s What You Need to Know Read More- ‘Extortion’: Why Did the Labor Department ‘Drop the Hammer’ on Oregon Farmers? 302 Comments
Technology
- This Is the Creationists‘ Response to Scientist Bill Nye’s Viral Pro-Evolution Video Claiming They Harm Children 403 Comments
‘TaserDrone’: Hackers Weaponize Quadcopter With Actual ‘Shocking’ Technology Read More
Ever Heard of the Wild ‘Burning Man’ Festival in the Middle of the Nev. Desert? Here’s Your Primer Read More
Stanford Develops Technology ‘Better Than Steroids’ for Athlete Recovery Read More
Have You Pretended to Know What ‘the Cloud’ Is? You’re Not Alone Read More
Submitting your tip... please wait!
Comments (74)
smackdown33
Posted on November 5, 2011 at 11:55amWe are living in our self-made prison.
Report Post »Mandors
Posted on November 5, 2011 at 10:21amEasy case, people. They need a warrant. The government has a full month to track him but can’t take an hour and a half to get a warrant? Ehhhhhhhh. Please. The GPS doesn’t just track in “public” it tracks you in your garage, on your property, places where you have a reasonable expectation of privacy.
The ruling will likely say they can put the tracker on if it is an emergency situation without a warrant, so long as the authorities attempt to get one “in a reasonable amount of time.”
Report Post »lodgerat
Posted on November 6, 2011 at 4:32pmI wonder if any of this is included in the Patriot Act?
Report Post »scoter
Posted on November 5, 2011 at 10:06amhttp://www.helpfireobama.com Please give $20.12
Report Post »KTsayz
Posted on November 5, 2011 at 9:49amA real, American patriot advises you of your Constitutional rights
http://www.youtube.com/watch?v=XDKnDcEt0uY&feature=related
Report Post »RACHAL44
Posted on November 5, 2011 at 9:28amPride in new technology and the unfettered immediate unconstitutional use of it is the “Brave New World” that Aldous Huxley so wonderfully described in the 1930′s. Truly going back to the future.
Report Post »eyestoseeearstohear
Posted on November 5, 2011 at 8:57amTerms like “ public property” is VERY BROAD & INCLUSIVE.
It probably includes the INTERNET – which is monitored already, but, is another
extension of “ policing the internet”, which infringes on controlling Freedom of Speech.
Ya know, ANY TRUTH said about Obama, if it is NEGATIVE, they want it CUT OFF,
as it DOESN’T coincide with their propaganda and the BS image they WANT us to believe
about him AND/OR his cronies!
So, yes, it’s an ALL OUT ASSUALT on our Freedoms & Liberties.
Report Post »WE MUST RETURN TO THE VALUES OF THE CONSTITUTION.
dissentnow
Posted on November 5, 2011 at 8:40amPresident Obama has picked up the Bush nanny state ball and is running with it.
Report Post »teebubba
Posted on November 5, 2011 at 1:03pmSo true. Even though the liberal/progressives openly opposed the “Patriot Act” (primarily because it was an activity of the Bush administration to fight terrorism) the real danger was always when the other side came into power it would be used against everyone.
Report Post »Survivor101
Posted on November 6, 2011 at 5:52amIt is not the Bush “Nanny State” – get out of the individual blame game. It truly is the elitist Soros funded nanny state. It is all about the global regime trying to knock down all of our rights and have total control….Carter, Bush (the guy that did not like Reagan), Clinton, Bush, Obama….there was an anamoly known as Reagan, however the rest are all part of the blue blooded eastern elitist new world order. I think the Bush family is self sequestered due to some feelings of guilt for selling us down the river. Still, the results remain the same. I was unaware of Agenda 21 til this morning….but it just confirms what I thought already.
Report Post »raderby
Posted on November 5, 2011 at 7:47amWAKE UP!!!! We ARE under constant electronic surveilliance. IF they only watched the southern border as well, and acted lawfully, accordingly.
Report Post »Eliasim
Posted on November 5, 2011 at 8:30amOf course you are. But guess what? They are monitoring you, but UFO’s are monitoring them.
Report Post »Eliasim
Posted on November 5, 2011 at 8:35amCome on. Why else do you think that science was monitoring deep space roars? And why else do you think science was wanting to place battle stations on the moon?
Report Post »Eliasim
Posted on November 5, 2011 at 8:38amDo you think it is all lies? Truth is stranger than fiction. Do you really think it’s a load of bull when the Prophets prophecy that men are building weapons against God? They even go so far as to keep people with a Holy eye from seeing the devices they have built.
Report Post »Eliasim
Posted on November 5, 2011 at 8:40amBecause Godly people are not the only ones who realize they have lived before, but the wicked do too.
Report Post »Eliasim
Posted on November 5, 2011 at 8:42amWhy else do you think some Progressives want to abort babies when they are two years old and less? King Herod did that also.
Report Post »Eliasim
Posted on November 5, 2011 at 8:57amYes you see, the spirit of Jacob in the past had taken Rachel (the people) to be his wife. And all the people combined are the womb. Therefore when King Herod realized Jesus was coming, King Herod went to all the people of Rachel and began slaying their children. But he missed, because the people of Mary had the son in their womb instead. Because the Kings of earth are not as strong as God, because God makes sure of it.
Report Post »Eliasim
Posted on November 5, 2011 at 9:01amBut there is one difference this time. Almost all people can conceive the notion of the methods of technology, and there fore seeing it doesn’t damper their spirit, and therefore God isn’t going to have to stick with only showing people his back-side. Therefore you can look forward to seeing more Space-ships doing flybys.
Report Post »Eliasim
Posted on November 5, 2011 at 9:12amIt seems to me the fire that comes down from out of Heaven is them realizes they don’t run this crazy farm, but that God runs it, and it becomes too much for many people to handle. Therefore they try something or another to control people, and it doesn’t work, and that comes down in their mind from the highest North locations of their mind, but it comes down in their mind like fire.
Report Post »Mandors
Posted on November 5, 2011 at 10:14amCopies of this transcript can be obtained by sending $0.99 to “God is UFO’s”@ eliasim.com.
Report Post »4GODUSAANDISRAEL
Posted on November 5, 2011 at 1:39pmI’m sorry Eliasm, I believe that everyone is entitled to their beliefs, but Mandor’s comment was hillarious. Thanks for the giggles this morning you 2!
Report Post »RugDog
Posted on November 5, 2011 at 7:33amI’d rather have criminals running around unchecked than government agents. The criminals have more honor.
*****************************
*Cain/Palin 2012*
Report Post »gmoneytx
Posted on November 5, 2011 at 7:32amI’d like to know who started the stupid acronyms for the offices of the USA…potus, flotus, scotus, lotus, botus,scrotus, grotus, motus, slotus, blotus, grotus, …. how about STOPus!
Report Post »drago
Posted on November 5, 2011 at 8:26am@Gmoneytx
Report Post »You forgot obummers acronym, “sackofshitus”…….
teebubba
Posted on November 5, 2011 at 1:09pmWhile it would be fun to blame Tom Clancy for making stuff like this public the answer of course is the Secret Service creates these names for those they protect.
Report Post »joehanx2
Posted on November 5, 2011 at 7:06amcan somebody create an app to find bugs and tracking devices in your home and auto… there i just created a job
Report Post »TRUTHandFREEDOM
Posted on November 5, 2011 at 8:12amThey’re in 2 places. Cell phones and newer GM cars.
Report Post »teebubba
Posted on November 5, 2011 at 1:19pmThere are bugs in every personal computer commercially sold in the US…have been by law for years.
Report Post »getmeoutofcalifornia
Posted on November 6, 2011 at 2:07pmIt’s no secret they are monitoring everyone and have been for years. They use terrorism and criminal acts as a “legitimate” excuse, but whenever you give the govt an inch they always take a mile, which means they are probably already monitoring everyone who disagrees with the annointed one and all his cronies. Everything you post or watch on the internet is probably being observed and recorded, and it‘s only a matter of time before it’s used against us. You think the Holocaust can’t happen again? History has a way of repeating itself.
Report Post »Bill Rowland
Posted on November 5, 2011 at 7:06amWe are losing more and more of the freedoms guaranteed by the Bill of Rights. Citizens are not standing up for their rights because they are being told it’s for their “safety”. The country must wake up and demand a return to the constitution.
Their is a limit to giving up your rights. Airport searches by people who only graduated from high school because of our messed up education system. Warrantless searches on our highways are illegal but are occcuring. Napolitano is a toad who is part of the Obama Worship Society and ignores the constitution just like our President and his Atty General.
OMG
Report Post »KTsayz
Posted on November 5, 2011 at 9:26amThis is exactly the kind of encroachment Ron Paul is railing against but he is called all sorts of terrible names. Unfortunately, people are more worried about what Iran is doing rather than the terrorism committed by elected officials and bureaucrats.
Report Post »Wolf
Posted on November 6, 2011 at 9:11amMost people don‘t care if they’re being tracked as long as they can continue to TXT and FB all day long. After all, what‘s a ’little‘ right when they can ’communicate‘ with all their ’friends’?
Report Post »tomloy
Posted on November 5, 2011 at 6:24amAuthorities should NOT be allowed to track anyone without a warrant. This will lead to abuses.
Report Post »decendentof56
Posted on November 5, 2011 at 7:35amThis ‘could’ fall under “promote the general welfare” in the case of investigating a suspected terrorist cell.
GPS devices should be allowed IF evidence can be produced by law enforcement that you are conducting illegal activity.
Report Post »We do allow warrants to search a home based on evidence gathered through the course of an investigation.
It seems that there was reasonable suspicion here.
V-MAN MACE
Posted on November 5, 2011 at 8:35amThey need more than reasonable suspicion for a warrant. They need probable cause.
Reasonable suspicion gives them warrant to detain and frisk you for weapons (if you’re suspected of committing a crime), that’s all.
Probable cause gives them warrant for a search (if you’re suspected of committing a crime) but they have to get it from a judge.
They constantly use these deliberately ambiguous definitions so they can semantically violate your rights and justify whatever they want when it comes to violating your privacy. That’s why they have no credibility and no one wants to give them this power. They abuse it.
Report Post »hidden_lion
Posted on November 5, 2011 at 9:07amThe problem here is they placed GPS tracking without getting a warrant. No judicial review.THat is what makes it a violation of the 4th.
Report Post »cromag11b
Posted on November 7, 2011 at 12:02pmV-MAN MACE
Report Post »Not so. Probable cause and reasonable suspicion have, in almost all instances, been done away with.
Look at, I think Ohio, where the Rep lead government made it legal for police to enter your home at anytime, without warrant, and you can’t do anything.
TemayElbor
Posted on November 5, 2011 at 5:20amIt seems. the US government has become PARANOID…but there is the positive side of paranoia…it makes one extra careful.
DANGEROUS ENEMIES ARE INSIDE THE US (sleeper cells, Al Qaeda and its supporters, cartels, dangerous Islamists in our military who want to kill our “defenders” like the Fort Hood incident and the 9/11 nightmare, etc.)
Yes, the Patriot Act is the product of that paranoia, but can you blame the government for that?
We have to be reminded of the dangers around us…for our ENEMIES MEAN BUSINESS.
Report Post »decendentof56
Posted on November 5, 2011 at 8:41amIt all comes down to probable cause. I have mis-trust of the government like everyone else. I think that a warrant is mandatory. That way, if you are investigated under a warrant, the courts can decide if the warrant is juistified. If the courts are proven to be manipulated by outside forces, then we will be in a revolution, anyway.
Report Post »KTsayz
Posted on November 5, 2011 at 9:34amYes I can blame the Patriot Act. It is terrible!
Read what Judge Napolitano has said should be done with it
http://www.rense.com/general50/pre.htm
Or you can watch part 1 which you will teach you about what our founders were fighting for
http://www.youtube.com/watch?v=M1P53wMbnsw
Report Post »LastAmerican
Posted on November 5, 2011 at 9:57amUhh how about we just profile.
Report Post »fleetmanager
Posted on November 5, 2011 at 4:19amWe had a number of cars stolen before this yr and recovered them inside 24 hrs! My company bought from http://www.gpsnorthamerica.com which was surely a fantastic investment.
Report Post »oldschoolgreen
Posted on November 5, 2011 at 3:04amI hid a GPS unit in a Hummvee in Iraq. Found out one of our NCO‘s was going places he wasn’t supposed to and was stopped for suspiciously long periods of time. Followed him out one night. Found him and his guys sleeping in a big hole while on patrol. SGT numb n*ts was Private numb n*ts 24 hours later. This stuff works.
Report Post »TRILO
Posted on November 5, 2011 at 2:39amFace it, our country has turned into a police state. From illegal gps tracking, license plate scanners that place your whereabouts in a local and national database, red light cameras to police surveillance cameras on every street corner, the government is watching your every move. With the new “See Something Say Something” even you neighbors and strangers will be watching you at the encouragement of the government. But don‘t worry if you are not doing anything wrong it doesn’t matter; as so many sheeple think.
Just look at the people who have been arrested for filming police on their cell phones. Everytime the courts dismiss the arrest, yet they keep arresting people in an attempt to intimidate. It seems that they [government] do not like the new normal of when you walk out of the confines of the interior walls of your home your every action becomes subject to public information. Yet, we the people are subjected to being filmed and tracked the moment we walk out of our home
The Patriot Act was the beginning of our demise.
Report Post »KTsayz
Posted on November 5, 2011 at 9:36amExactly! And President Ron Paul will not allow it to continue. Cain think it’s 90% correct.
Report Post »christianUSA
Posted on November 5, 2011 at 2:27amOpinion: see no difference in mass tapping wired phone-line trunk of thousands of people to tapping a wireless tower to do the same?! The problem is that cellphones move, are nameless, cheep/disposable in seconds so to catch criminal using cells this fake tower only realistic way but then there is nothing too stop the officers from gathering other people’s info which it is now very obvious that they are doing as in police state method and attitude! Like they are doing violated the spirit and letter of search warrants for house and businesses which there is no excuse or justification for and by demanding silence about search on pain jail this is the very definition of secret police state and it is frightening! In addition are the warrantless vehicle traces and cameras on every main cross intersection and major building etc. But worst of all it the growing number of line cops attitude that this is all ok and more and that they don’t have to follow the same laws, as has been observed, or constitution nor give citizens the right to video them!? Sadly this justifies the protests but ows are insanely demanding and by rioting giving more reason for socialist tyranny. Time for US to watch very closely who our police chief/sheriff are, what using/doing with technology; demand accountability/person that stay within the constitution has respect for privacy spelled out! But as in my county vote out abusive chiefs and scream at all your representatives/officials!
Report Post »NOT A CRAZY
Posted on November 5, 2011 at 1:41amIt doesn’t really matter what the SCOTUS says does it? Look at how much they have done to destroy our Constitution in just the last 75 years alone. The justice system is corrupt and ultimately they are irrelevant.
Report Post »lukerw
Posted on November 5, 2011 at 1:20amStatistically… about 20% of Adults want the Government to give them Jobs and take Care of them. Hence, the inbuilt base for the Left!
Report Post »Eliasim
Posted on November 5, 2011 at 1:13amYou know what else is crazy? That there is a fleet of UFO’s on standby just waiting for the crap to hit the fan.
Report Post »Eliasim
Posted on November 5, 2011 at 1:15amOf course you don’t know this, but I do.
Report Post »Eliasim
Posted on November 5, 2011 at 1:29amBut what am I thinking, surely earth and men must be the most special case in the entire universe. And surely there can be no world that is 50,000 years ahead of men with technology, and are the guardians of the Father.
Report Post »Eliasim
Posted on November 5, 2011 at 1:32amAnd surely someone who claims to be intelligent can conceive the outlandish notion that the universe goes on for eternity, and yet somehow they can not handle the outlandish thought of an invisible Father.
Report Post »Eliasim
Posted on November 5, 2011 at 1:49amSo I guess you can understand why the idea of them tracking everything, and them thinking they are going to enslave me really has me oh just shaking in my boots.
Report Post »NOBALONEY
Posted on November 5, 2011 at 1:07amI‘m surprised that as smart as Obama is that he hasn’t thought of trying “packing” the court the way FDR planned to do in 1937. With four Justices over 70, FDR’s plan is a dream come true for Obama. It’s just another reason why he must go in 2012.
Report Post »Eliasim
Posted on November 5, 2011 at 1:06amUh Oh. They are going to begin to track everyone whether you like it or not. But don’t forget. I‘m crazy and the system isn’t and surely you are not either. Of course I happen to think complacency in an insane system is as about as insane as one can become.
Report Post »CatB
Posted on November 5, 2011 at 1:39amNovember 9th .. the test to take over all airwaves and communication begins at 2pm .. but we are crazy!
TEA!
Report Post »1casawizard
Posted on November 5, 2011 at 1:03amIf you have close illegal stuff going on, you can use CB radio. you can use land line and encrypt, you can use internet, WTF?, These agencys are going after big bucks so the big bucks are gonna outrun you feds. You are NOT gonna catch the suppliers as long as there is a demand. As far as national security goes, you got the high tech international satellite crap.Do the best you can and good luck. Most internal leaks and finds of things of interest are not found from said devices.WTF???
Report Post »Snowleopard {gallery of cat folks}
Posted on November 5, 2011 at 12:44amSo one thing I can figure will happen is that if the SCOTUS does declare a further limiting of the authority of the Fed’s with such tracking devices and such; Obama will make sure a executive order is issued to make any and all court decisions null and void.
Report Post »phillipwgirard
Posted on November 5, 2011 at 12:48amabsolutely
Report Post »pamela kay
Posted on November 5, 2011 at 12:57amOf course he will. It is all part of the progressive plan. Funny how he claimed to object to the patriot act but yet has gone far beyond to complete his agenda.
Report Post »TheObamanation
Posted on November 5, 2011 at 1:28amFunny how he caimed to object to the Patriot Act, and has a Vice President who claimed to write it.
Report Post »