Editorial An Illegal Search, by GPS

[babsbunny]

http://www.nytimes.com/2010/10/05/opinion/05tue2.html?_r=1&partner=rss&emc=rss&src=ig

Editorial
An Illegal Search, by GPS
Published: October 5, 2010

In a landmark 1967 case, the Supreme Court ruled that evidence from a wiretap on a phone booth was obtained unconstitutionally. Despite the public nature of a phone booth, the tap violated the defendant’s privacy under the Fourth Amendment. “Wherever a man may be,” the court explained, “he is entitled to know that he will remain free from unreasonable searches and seizures.”

Fast forward to today, when courts are wrestling with the question of whether new technology requires them to think differently about what is a reasonable expectation of privacy.

In August, three judges on the United States Court of Appeals for the District of Columbia (two conservatives, one liberal) ruled unanimously — and correctly — that police violated the Constitution when they hid a GPS device on a person’s car and tracked his every move without a valid warrant. That person, Antoine Jones, was convicted of conspiracy to distribute crack and cocaine based on the tracking of his Jeep for four weeks.

[petronius]

1. Wasn't there a ruling from one of the other Appeals Circuits a few months ago

that said the police were allowed to attach GPSrs to vehicles? I'm glad this court got it right - hope it will start a trend...

[wakemewhenitsover]

2. I have a hunch that...

...if this case somehow found its way to the Supreme Court, the conservative cretins there would rule incorrectly.