Feds: Privacy Does Not Exist in ‘Public Places’

[unhappycamper]

Feds: Privacy Does Not Exist in ‘Public Places’
By David Kravets Email Author
September 21, 2010 | 3:29 pm

The Obama administration has urged a federal appeals court to allow the government, without a court warrant, to affix GPS devices on suspects’ vehicles to track their every move.

The Justice Department is demanding a federal appeals court rehear a case in which it reversed the conviction and life sentence of a cocaine dealer whose vehicle was tracked via GPS for a month, without a court warrant. The authorities then obtained warrants to search and find drugs in the locations where defendant Antoine Jones had travelled.

The administration, in urging the full U.S. Court of Appeals for the District of Columbia to reverse a three-judge panel’s August ruling from the same court, said Monday that Americans should expect no privacy while in public.

“The panel’s conclusion that Jones had a reasonable expectation of privacy in the public movements of his Jeep rested on the premise that an individual has a reasonable expectation of privacy in the totality of his or her movements in public places, ” Assistant U.S. Attorney Peter Smith wrote the court in a petition for rehearing.

The case is an important test of privacy rights as GPS devices have become a common tool in crime fighting, and can be affixed to moving vehicles by an officer shooting a dart. Three other circuit courts have already said the authorities do not need a warrant for GPS vehicle tracking, Smith pointed out.

[ixion]

1. And the descent into fascism rolls on

much to my chagrin.

[laughingliberal]

2. Let's hope the court holds firm. nt

[divvy]

3. Oh good. Time to put a camera in public restrooms

I will stream live to the internet and become rich !

[Dogmudgeon]

4. This Modulated Electro-Magnetic Signal Kills Fascists

For the ranging codes and navigation message to travel from the satellite to the receiver, they must be modulated onto a carrier frequency. In the case of the original GPS design, two frequencies are utilized; one at 1575.42 MHz (10.23 MHz × 154) called L1; and a second at 1227.60 MHz (10.23 MHz × 120), called L2.

The C/A code is transmitted on the L1 frequency as a 1.023 MHz signal using a Bi-Phase Shift Key (BPSK) modulation technique. The P(Y)-code is transmitted on both the L1 and L2 frequencies as a 10.23 MHz signal using the same BPSK modulation, however the P(Y)-code carrier is in quadrature with the C/A carrier; meaning it is 90° out of phase.

'Nuff said.

--d!

[safeinOhio]

5. big money, invest in

anti-surveillance companies. For every move there is a counter move to make a buck.

[Nordmadr]

6. 997 cuts...998 cuts...999 cuts... N/T

[X_Digger]

7. There are multiple issues here. Not as cut and dried and some make it out to be.

The first issue is whether or not there is an expectation of privacy for your movement through the public sphere- there isn't. A cop can follow you around all day, and it's not considered a search, triggering fourth amendment protections.

The next issue is invasion of what is your private property- your car. Attaching a device to your car, even in a public place, should be a violation of privacy. Damaging your car without warrant ('the dart') should be considered a property crime.

Finally, there's the nebulous "When does tracking someone 24/7 become a search?" Is it after 24 hours? A week? Additionally, a cop tailing someone must stop at posted private property, iirc, but a GPS doesn't stop.

[ixion]

9. "privacy in the ...public sphere- there isn't", I disagree

While what you do in public is certainly public, you still have a right to be secure in your person.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

[X_Digger]

10. Yes, secure in your person & effects.

But you should have no expectation of privacy of movement in the public sphere.

[kenny blankenship]

8. Step outside your door - CAVITY SEARCH!

Go on the internetz - FBI BACKGROUND CHECK!
Apply for a job? piss test, credit check and polygraph!

Need to see a Doctor? IRS AUDIT!

[MilesColtrane]

11. You mean I can just slap a GPS on a suspects car, and just hang out at the donut shop?

That's nice work, boys.