So the FBI Is Having Trouble Finding Those GPS Trackers After SCOTUS Ruling Turns Them Off
- Posted on March 2, 2012 at 8:56am by
Liz Klimas
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GPS tracking device. (Photo: Yasir Afifi/AP)
In a unanimous ruling this year, the Supreme Court decided that GPS tracking of criminal subjects by law enforcement required a warrant. With that decision, the Federal Bureau of Investigation had to turn off its 3,000 devices in use but it still wants them back. See the problem here?
(Related: Supreme Court rules GPS tracking requires a warrant)
The Wall Street Journal reports, FBI General Counsel Andrew Weissmann saying at a “Big Brother in the 21st Century” conference last week that the ruling has been a “sea change” within the agency. The FBI has had to apply via court order to temporarily turn on the devices, many of which are located under cars, in order to find them for retrieval.
According to WSJ, the ruling has caused the agency to review its GPS policy and other practices as well:
For instance, [Weissmann] said, agency is now “wrestling” with the legality of whether agents can lift up the lid of a trash can without committing trespass. The majority opinion in U.S. v. Jones held that the agents had trespassed when placing the GPS device on a car without warrant.
He said the agency is also considering the implications of the concurring justices – whose arguments were largely based on the idea that a person has a reasonable expectation of privacy in the totality of their movements, even if those movements are in public.
The Supreme Court’s precedent-setting ruling in U.S. v Jones lead Greg Nojeim, director of the Center for Democracy and Technology’s project on freedom, security and technology, to tell the Blaze at the time that he believed this “signals their willingness to protect privacy in the face of advancing technology.”
[H/T Gizmodo]
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Comments (69)
johnpaulkuchtajr
Posted on March 2, 2012 at 4:05pmHoly smokes!
I wonder what J. Edgar would have done without his GPS?
And, I wonder what J, Edgar would have done to combat Muslim jihadists? No, please don’t feed me that line about how he would have raided the mosques. No way! J. Edgar would have not done that!
Report Post »teamarcheson
Posted on March 2, 2012 at 8:29pmThe FBI is only saying that it can’t find the GPS units so they can still track people.
Take you car to a repair shop and search the car up on the rack. If you find one, put it on a tractor trailer or Greyhound bus.
Report Post »BackstepAndShift
Posted on March 2, 2012 at 3:54pmKeep an eye on EBAY, they may show up there? :)
Report Post »If I found one on my car I would stick it on the mayors car and let them follow him or her around. :) that is the real criminal rift.
GOVERNMENT OFFICALS.
single stack
Posted on March 2, 2012 at 7:39pmIf I found one I would go to a truck stop and put it on a semi.
Report Post »WeDontNeedNoSteenkinBadges12
Posted on March 2, 2012 at 3:41pm“For instance, [Weissmann] said, agency is now “wrestling” with the legality of whether agents can lift up the lid of a trash can without committing trespass.”
That’s right, you Nazis … about time to consider the “legality” of your Nazi antics.
Report Post »WeDontNeedNoSteenkinBadges12
Posted on March 2, 2012 at 3:50pm“The beauty of the Second Amendment is that it will not be needed until they try to take it.”
“When the people fear their government, there is tyranny; when the government fears the people, there is liberty.”
“Most bad government has grown out of too much government.”
“The policy of the American government is to leave their citizens free, neither restraining nor aiding them in their pursuits.”
“What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?”
Would You Like To Read More?
Report Post »“John Petrie’s Collection of Thomas Jefferson Quotes”
http://jpetrie.myweb.uga.edu/TJ.html
thegreatcarnac
Posted on March 2, 2012 at 3:37pmWait a minute!…I saw that and thought it was a computer for my exhaust system. Dirty low down…FBI…azzoles….lol.
Report Post »Tom K
Posted on March 2, 2012 at 3:23pmThe more that Government breaks the law, the more problems they cause and must try to fix. If you just follow the law and tell the truth, you would provide the taxpayers with better and cheaper service. Now take the cost of those lost GPS units out of the party fund – no cake for you.
Report Post »Wolf
Posted on March 2, 2012 at 3:54pmWROL is coming, count on it. When the Constitution is negated daily by the POS pOTUS, there is no law. It’s just a matter of time before people wake up to this. Then watch out.
Report Post »Retrieving them can’t be any more difficult than planting them: how’d they know which vehicles to put them on? You‘ll never convince me they don’t have the make, model, license plate and VIN of every vehicle with a tracker on it.
BarackStalin
Posted on March 2, 2012 at 2:58pmSomeone just needs to tell the FBI that when you break the law, any property used in the commission of a crime can be confiscated.
They do it to the citizenry all the time. Now I own your tracking device. Think twice next time and you’re lucky no one put you in a cage, Mr. FBI agent.
Report Post »inferno
Posted on March 2, 2012 at 1:22pmIt’s illegal to plant a tracking device without a warrant on peoples cars for whom there is reasonable
Report Post »cause to suspect they might commit a crime, but some local police departments are consideering using survailance drones to keep track of the public at large ? Which of these two is a bigger violation ? I would suspect the latter !
pamela kay
Posted on March 2, 2012 at 1:35pmINFERNO: We no longer have privacy. What else does this president have in mind for us?
Report Post »Marci
Posted on March 2, 2012 at 2:23pmToo bad, looks to me like they lost their GPS devices. I have always found it appalling that they were doing this to begin with. The average person thinks it is okay to track criminals this way but have no clue on two very important things—the people are suspected criminals or they would be in custody already!! Which means any one of us are subject to being tracked for any reason they deem necessary.
Report Post »proliance
Posted on March 2, 2012 at 2:53pmThe agent in charge needs to cough up some money to replace all those tracking devices he lost.
Report Post »Duddio
Posted on March 2, 2012 at 11:33am“…concurring justices – whose arguments were largely based on the idea that a person has a reasonable expectation of privacy in the totality of their movements, even if those movements are in public.”
HEY SCOTUS, Does that include GOOGLE tracking us on the internet? Do we have a reasonable expectation of privacy in the totality of my internet use? ‘Cause they didn’t get the memo…. =/
Report Post »Jumper
Posted on March 2, 2012 at 1:40pmDarn fine point!! Maybe somebody with the funds can get a lawyerly type to try to get up to SCOTUS since they seem to be in a stand by the Constitution kind of mood, at least for the moment.
Report Post »proliance
Posted on March 2, 2012 at 2:58pmThere’s a difference between the government tracking your movements against your will and you voluntarily using a private company.
If you don’t like Google then stop using it.
Report Post »Lesbian Packing Hollow Points
Posted on March 2, 2012 at 11:16amHAHAHA! I hope some of them wind up on eBay!
And no! You can’t turn them on again just to go retrieve them. If you can’t ever get a certain percentage of them back, GOOD! Count your self lucky if you get any of your illegal spying devices back! It’ll hamper your future efforts to eviscerate the Constitution.
If you put an illegal GPS tracker on Bob’s car and now want it back, it‘s a fair bet that you know Bob’s home address, write him and ask for him to go take it off his own undercarriage and bring it back to you. It‘s also a fair bet you know Bob’s phone number. Call him and do the same. Or his e-mail address, drop him an email message.
If Bob responds with, “Gee, fellas, I just went out and looked where you said it was and it just ain’t there no more, but there were a number of scratches in a circular shape that appear to have been from your magnets that are now rusty, so here’s the bill from the autobody place to get those fixed. Hope ya’all have a nice day.” then you’re response is to be to cut a check to Bob and cut your losses with that GPS tracker. … Have a nice day.
Report Post »Plan B
Posted on March 2, 2012 at 12:53pmHow about using legal investigations to finding them. Have they forgotten how to do that??
Report Post »Marci
Posted on March 2, 2012 at 2:25pmLove it lesbian! I don’t understand why it took so long to stop this illegal activity in the first place. The wheels of justice move too damn slowly in this nation.
Report Post »Lesbian Packing Hollow Points
Posted on March 2, 2012 at 9:33pmIn a word… Yes. Yes, they have forgotten how to conduct an actual criminal investigation. If it were otherwise, the loss of a single “investigative tool”, such as warrantless automotive GPS tracking, would not be seen as a “sea change” for the FBI.
It’s become too easy to just write “national security letters” and get a suspect’s cell phone records, ISP records, library records, family, associates, zodiac sign, favourite color, and underwear size. The idea of actually having to do “police work” has become anathema to modern FBI field work.
The actions of Seeley Booth on “Bones” notwithstanding.
Report Post »davidwjohnson
Posted on March 2, 2012 at 11:11amIt would seem that when any country forms and its government begins, the government instantly begins to fear its people.
In many respects, America is no different than any totalitarian regime. The only difference is they’re must further ahead of us. Given enough time, America will be seen no less different.
Report Post »Jayms
Posted on March 2, 2012 at 11:57amThese aren’t just regular citizens, they’re repeat criminals. My brother works with adults with genetic disorders and behavioral problems – these are the people that rape and murder – there‘s no ’fixing’ them. All you can do is watch them and make sure they don’t get into trouble.
I’m not saying that GPS tracking will prevent any crimes, but it sure would help solve a lot of them.
Report Post »objectivetruth
Posted on March 2, 2012 at 12:26pm@jayms
Report Post »What does your post have to do with this?Anyway there are plenty of people with genetic disorders and behavorial disorders that don’t rape or murder people.You take the cake on ignorant.While some crime is connected with this theory, to lump all people with those disorders into this category. makes you incredibly narrow minded.Lets hope your family member who works with these people isn’t as ignorant.Otherwise his clients need protection from him.He shouldn’t be working with people at all.
Plan B
Posted on March 2, 2012 at 12:52pm@Jayms
Report Post »Bull
schroeder123
Posted on March 2, 2012 at 11:08amSolution to saving tax dollars: Government gives free drugs with warning, this product will kill you.
Report Post »Users die, over population is fixed, police are board, crime stops, tax dollars are saved. Lower taxes, more work, people are happy.
omgfolks
Posted on March 2, 2012 at 11:04amLaw Enforcement has a fiduciary responsibility to uphold and protect the Constitution of the United States, any reasonable person would recognize that the use of GPS tracking without a warrant is a violation of citizens rights, as upheld by the supreme court. As representatives of goverment and protectors of our laws they should have sought guidance before the violated the rights of those 3000 people, as such failure to do so makes them the criminal and the suspected the victim. This places the FBI in a position of divulging to those who they violated, that they infact were violated, that they are being watched compromising an investigation, and subjects the goverment to law suits which potentially can cost tax payers money. Poetic Justice in one thought but a gross misconduct by those trusted to protect our laws an enforce them is another concern. There is not excuse to these actions, they had a legal and moral obligations to seek permission which they chose to ignore essentially say ” I didn’t know” as defense. Does Ignorance of the Law not apply to those who are sworn to uphold it? They should contact all those they put these devices on and confess to their action , ask for forgiveness and settle what ever legal action may arise TO THE BEST INTEREST OF THE LAW< THOSE VIOLATED AND TO THE TAX PAYERS WHO HAVE TO FUND IT.
Report Post »objectivetruth
Posted on March 2, 2012 at 12:32pmI agree with you.One thing though.I believe that they have immunity.Meaning no one will ever have to acknowledge or pay the victims.Maybe this will be the case that justifys removing blanket immunity.
Report Post »omgfolks
Posted on March 2, 2012 at 5:46pmThank you for your support. as far as immunity, I agree, they should not be above the law for any reason and maybe this will strip them of that status.
Report Post »KCPatriot
Posted on March 2, 2012 at 10:55amIt is too bad that the courts don’t make this a bit tougher on the agency for violating the rights of the individuals. Getting court orders to turn on the devices is a start but instead of just turning them on, they should have been ordered to either prove why they should be left in place by court order OR they should have been ordered to notify the individual that they had put the device in their vehicle and they are now wanting to claim it back. Were those individuals who might now be adversely affected by the devices being turned on given a chance for their side being heard in court? Don’t our laws provide this opportunity? Did the court also order that the devices being turned on and being removed could not be used for any other purpose than their removal and the location and content of the vehicle at the time was to be unrecorded since the first and now an implied second stealth invasion of privacy both which should not have occurred as there was no probable cause as determined by a court? The notices should have been given so that the individuals also have the right to sue for their privacy being violated instead of the device being removed in the dead of night, and to ask the courts for a permanent injunction such that the agency never does it again to them. Sure the agency should get their devices back if they can find them, but they also should have to be held accountable for violating the rights of those individuals who should never have been tracked. In short, no
Report Post »KCPatriot
Posted on March 2, 2012 at 10:59amContinuing…
Report Post »In short, no one is above the law or the Constitution, not even law enforcement, and they know this. Play by the rules that apply to everyone.
Dean Lester
Posted on March 2, 2012 at 11:04amThe person in the agency that authorized this should go to jail!
Report Post »objectivetruth
Posted on March 2, 2012 at 12:36pmThey won‘t though and y’all know it.Btw The FBI has been in bed with cair for a couple of decades.You’d think that would be enough right there, for them to face charges ,it isn’t though.In essence they seem to be immune from all.
Report Post »TT1488
Posted on March 2, 2012 at 10:46amGlad to see that some of their super powers are being taken away from them.
Report Post »jessix
Posted on March 2, 2012 at 10:11amThis is a step in the right direction, but I bet by the time there is a decision on the retrieval, all the devices will have already been recovered.
The FBI will continue to use these devices as before, or they wouldn’t care about retrieving them. They will build their cases differently, leaving out references to the illegal tracking without a warrant.
Report Post »PoliticallyRightUs.Com
Posted on March 2, 2012 at 10:01amDoes this show the Arrogance of the US Gov.t or what?!?!?!
Report Post »PoliticallyRightUs.Com
Posted on March 2, 2012 at 10:00amI say to the FBI… So sorry, You broke the law…So you lost your little toys!!! Life is not fare…
Report Post »Baddoggy
Posted on March 2, 2012 at 9:53amThe key word is SUSPECTS. the Court was right. The 4th Ammendment stood up thankfully.
Lazy lawmen need to do their jobs instead of chasing pot smokers and people speeding on the streets. The drug wars has cost us trillions of dollars. So stupid. If people want to ruin thier lives and lose thier jobs, too bad for them.LET THEM DO IT! Why do I have to pay to put them in prison, pay for thier food and house the lowlife awipes? Let them go and let them do themselves in! If they show up in an emergency room with an OD and no insurance…oops…the herd was thinned! Yea!!
Report Post »schroeder123
Posted on March 2, 2012 at 11:01amamen
Report Post »Dismayed Veteran
Posted on March 2, 2012 at 9:45amThis ruling is actually a win for conservatives because supports the Constitution concerning illegal searches and seizures. Remember GPS could also have been put on anyone who speaks out against Obama.
Report Post »Latter-Day-Soldier
Posted on March 2, 2012 at 10:29amLike conservative college students who receive threats and intimidation for turning said trackers over to local police when discovered on their vehicles.
Report Post »blanco5
Posted on March 2, 2012 at 9:35amWhy don’t we clear out some of the non-violent drug people in prison and make room for some real criminals?
Report Post »proliance
Posted on March 2, 2012 at 3:00pmWhy don’t we stick to the subject?
Report Post »RugDog
Posted on March 2, 2012 at 9:30amF the B.I.
Maggots with badges.
Report Post »MrMagoo
Posted on March 2, 2012 at 9:50amNo,its not the FBI that’s out of control.Its the ATF…..
http://www.theblaze.com/stories/could-your-shotgun-soon-be-outlawed/
Report Post »Igno Ramus has it right…
Posted on April 22, 2011 at 9:01pm
Don’t write the ATF. Write your Congressman and your Senator. Every damn day if you can. Write your local sheriff and your local judge. Write your mayor and your city council. Write your local paper and talk to your friends and family, especially your kids. Keep at them. That way they know you are serious about this issue.
Latter-Day-Soldier
Posted on March 2, 2012 at 10:30amYou just described the T.S.A.
Report Post »Snowleopard {gallery of cat folks}
Posted on March 2, 2012 at 9:28amLooks like the FBI is in another mess – again.
Report Post »lefthook37
Posted on March 2, 2012 at 9:21amturn them back on and pick them all up…..or charge the people with them for theft……..
Report Post »randy
Posted on March 2, 2012 at 9:54amCharge them with theft? Are you an idiot? You come to my house or automobile and purposely leave something there to spy on me, Finders Keepers baby!
Report Post »Go ahead. Turn them on to find them and open yourself up to lawsuits.
omgfolks
Posted on March 2, 2012 at 10:26amThe reason they dont turn them on is because now the person whom they violate the rights of can sue them and cost them a lot of money. Besides, all those that they were sneaking up on will know that they are being watched . In an effort to manipulate the constitution they have themselves become the criminal. Talk About Poetic Justice…..
Report Post »proliance
Posted on March 2, 2012 at 3:03pmTurn them on without a court order and then turn yourself in. Because you just committed a felony.
Report Post »Darla_K
Posted on March 2, 2012 at 9:07amHow can this be so? A criminal is a criminal and if he/she doesn’t agree to have a GPS than they do the time in jail/prison. Very easy. I would bet most of them would pick having the GPS.
Report Post »SpankDaMonkey
Posted on March 2, 2012 at 9:22am.
We had a guy steal $300k from us and he is still walking the street, and the guy who beat our 13 month old grandbaby over a french fry only got 90 days, While the Judge fined me a $1000 dollars and gave me 3 days in jail for speaking my mind………
We ask ourselves everyday your first question; “How can this be so?”………..
And by the way Texas Justice Sucks…………….
Report Post »sndrman
Posted on March 2, 2012 at 9:32am@spank..i thought Texas was still sane.. what part of Texas? (d) heavy area? only liberals punish the innocent and protect the guilty,must be a voting thing,…
Report Post »hidden_lion
Posted on March 2, 2012 at 9:40amThey haven’t been convicted of anything, so they are not yet criminals. The FBI should have erred on the side of caution and had the practice legally reviewed before they implemented. They should have to approach the people they violated and apologize and ask for their toy back.
Report Post »texasbeta
Posted on March 2, 2012 at 10:10amYou are an idiot. These are suspects, not convicted criminals. Anyone can be a suspect.
Report Post »objectivetruth
Posted on March 2, 2012 at 12:48pmThis isn’t about a convicted criminal.Its about a suspect.Those same alledged suspects may have been the vicitm of crime themselves.The criminal may have commited id theft to do so.Which is why the victim was being watched.Nothing like being the victi9m of a second crime to catch the first.Oh well nothing has changewd has it.
Report Post »RightUnite
Posted on March 2, 2012 at 9:00amOh…. So very convenient….
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