Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum  

Go Back   Speed Trap Hunter Forum: Best Radar Detectors, Laser Jammers, Laser Detectors, Speed Cameras Forum > Speed Trap & Traffic Enforcement > Economics & Politics
Radar Detectors Forum Logon:

Economics & Politics Discussion of the economic and political market driving factors of automated enforcement technology.

LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 2010-11-26
NMA Reporter NMA Reporter is offline
Senior Member
Join Date: 2008 Feb
Posts: 125
NMA Reporter is on a distinguished road
Exclamation Federal Appeals Court Rules Against GPS Tracking

Article: Federal Appeals Court Rules Against GPS Tracking

Antoine JonesA divided federal court last week ruled that police could not use GPS devices to track a suspect without first obtaining a warrant. Nine judges of the US Court of Appeals for the DC Circuit considered the case of Antoine Jones who had been arrested on October 24, 2005 for drug possession after police attached a tracker to Jones's Jeep -- without judicial approval -- and used it to follow him for a month.

A jury found Jones not guilty on all charges save for conspiracy, on which point jurors hung. District prosecutors, upset at the loss, refiled a single count of conspiracy against Jones and his business partner, Lawrence Maynard. Jones owned the "Levels" nightclub in the District of Columbia. Jones and Maynard were then convicted, but a three-judge panel of the DC Circuit ruled that the US Supreme Court specifically stated in a 1983 case regarding the use of a beeper to track a suspect that the decision could not be used to justify twenty-four hour surveillance without a warrant. In this finding, the DC judges split with the Ninth and Seventh Circuits, which have no problem with police attaching tracking devices on any automobile at any time.

Those circuits, and the prosecution in the Jones case, argued that Jones was driving on public streets. Therefore, the GPS units merely augmented the senses of a police officer who would have been free to observe Jones's movements. In an August decision, the three-judge panel disagreed.

"We hold the whole of a person's movements over the course of a month is not actually exposed to the public because the likelihood a stranger would observe all those movements is not just remote, it is essentially nil," Judge Douglas H. Ginsburg wrote. "It is one thing for a passerby to observe or even to follow someone during a single journey as he goes to the market or returns home from work. It is another thing entirely for that stranger to pick up the scent again the next day and the day after that, week in and week out, dogging his prey until he has identified all the places, people, amusements, and chores that make up that person's hitherto private routine."

As a person would not expect the whole of his movements to be recorded, he has an expectation of privacy, the panel argued. This triggers the Fourth Amendment requirement for the police to obtain a warrant.

"A reasonable person does not expect anyone to monitor and retain a record of every time he drives his car, including his origin, route, destination, and each place he stops and how long he stays there; rather, he expects each of those movements to remain disconnected and anonymous," Ginsburg wrote.

The full court decided to uphold the three-judge panel's decision throwing out the charge brought against Jones because the evidence was obtained in violation of the Fourth Amendment.

A copy of the en banc decision is available in a 90k PDF file at the source link below. Source
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
Federal Appeals Court Rules Against GPS Tracking NMA Reporter Economics & Politics 0 2010-11-26 17:56
Federal Appeals Court Limits Tribal Roadblocks NMA Reporter Economics & Politics 0 2009-08-11 19:41
Wisconsin Appeals Court Upholds Federal Speed Limit Sign Rules NMA Reporter Economics & Politics 0 2008-08-19 15:42
Trial By Declaration: Fight A Traffic Ticket Without Going To Court NMA Reporter NMA Articles 0 2008-05-17 19:37
California: Appeals Court Rules Car Seizure Not Required NMA Reporter Economics & Politics 0 2008-05-13 15:08

All times are GMT -4. The time now is 05:49.

©2019 SpeedTrapHunter