FROM CNN's Jack Cafferty:
Don't look now, but Big Brother may be watching you and apparently there is nothing you can do about it.
[cnn-photo-caption image=http://i2.cdn.turner.com/cnn/2010/images/08/26/art.gps.jpg caption=""]
Time Magazine reports that in California and eight other western states the government can sneak onto your property, plant a GPS device on the bottom of your car, and track everywhere you go.
And it's all perfectly legal. An appeals court has ruled that the government can monitor you like this almost anytime it wants - and without a search warrant.
The case started in 2007, when government agents decided to monitor an Oregon resident they thought was growing marijuana. They snuck onto his driveway in the middle of the night and attached a GPS tracking device to the bottom of his Jeep. When the man challenged the government's actions, the Ninth Circuit ruled twice that what the government did was okay.
This kind of activity has more in common with the KGB than with a free country like ours. Whatever happened to a citizen's reasonable expectation of privacy? Well, the court ruled the man's driveway isn't private since strangers or delivery people can access it. This also means that rich people - with gated driveways, fences and security gates - often have larger areas of "privacy."
But there is a glimmer of hope in all this. Another appeals court in the District of Columbia recently ruled that tracking for an extended time with GPS is an invasion of privacy and it requires a warrant. All this will likely wind up in the Supreme Court.
Meanwhile, one conservative judge who's against this kind of spying put it this way, "1984 may have come a bit later than predicted, but it's here at last."
Here’s my question to you: Should the government be able to track you using a GPS but without a warrant?
Interested to know which ones made it on air?
Dear Jack, you are behind the times on this one. Some new iPhones, etc. have a feature where for about $12 per month you can track anyone instantly. All you need is their cell phone number. Bingo - it shows a picture as seen from above of your exact location right down to the building you are in.
Though this kind of Orwellian spying feels to me a gross violation of privacy, it seems there is a simple way around it. Being that this practice is protected by the ruling that driveways are not explicitly private, one need only make his or her driveway obviously explicitly private. A sign reading "all law enforcement officials bearing GPS hardware and without proper and appropriate warrants are prohibited" might work.
Victor in West Hempstead, New York (a police officer) writes:
Any kind of government surveillance into the private lives of citizens should ALWAYS go hand-in-hand with a detailed search warrant.
This is absolutely an invasion of privacy! Unless the government is tracking potential illegal aliens. Then all bets are off.
Mark in Carbondale, Illinois writes:
So can we assume it would be legal to sneak on the property of police officers and judges to plant GPS devices on their cars so we can monitor where they go?
Dave in Orlando writes:
Exactly what more can they possibly hope to learn? As of now they can track us by our cell phones, computers, and several other electronic devices. They know what we say in our e-mails and on the phone (any phone); they know what we are thinking as we do our Google searches. They know what is in our bank accounts, in our portfolios, all our personal property, any real estate we own and how much money we make.
Buster in Poughkeepsie writes:
No way Jack! The last thing we need is for you to get busted for stalking Sarah Palin.
You tell me where in the Constitution it says that any Government body has the right to track any citizen in this country. Doing this is not only illegal, but shows a total lack of respect for the law of the land.
Why if I break the law, do I get thrown into prison, but the "law makers" get a pass when they trample on the law? Are they above it? Do they think they get a pass just because they were elected? The Law applies MORE to them than anyone else, or at least it should! Shouldn't it?
I fear however that the majority of people however will just ignore this, instead of actually caring. We'd rather have our Entertainment than to actually care about what's going on around us.
If no one fights back, The Government will do whatever it wants, as it has been doing. And it will continue!!
I am from Leo, IN
No the government should not be able to track me via GPS without a warrant. They shouldn't even be allowed to step on private property without a warrant or probable cause or without your consent. I own my home and it is called real estate. Real and private = real private. Every year the government takes away more rights and assumes more power. I don't see an end to the pattern, do you?
Jack, not only is this an abhoration of our fundamental rights, it's what turns ordinary citizens angry against their own goverment and their leaders. Why fight wars under the illusion its to provide citizens with basic freedoms when ours are slowly and methodically being stripped away from us. GPS tracking, erosion of Miranda rights, what's next guilty before going to trial?
Jack–they're already doing it. It's called the cell phone.
In a word – NO! Since the device can't prove who was driving the vehicle, only where the vehicle went half the story will be missing. Also, since there is no requirement to verify that the device wasn't temporary removed and moved around by an unscrupulous agent in an effort to "frame" the suspect, it's use as proof should be viewed as suspect.
So, by extending the logic of these court rulings the government should now be allowed to attach tracking devices to the telephone and Internet connections located on private homes without a warrant because these connections are usually accessible to strangers and delivery people? I lock my doors to deter theives. Now the judiciary is telling us that we have to lock down everything or allow the government to snoop on us?
Desperate men take desperate measures so I'm cladding all of my vehicles with lead. Even Superman can't see thru lead.
Gary in Scottsdale, Arizona
Oh Jack! I just love your loaded questions,
Of course its alright to track everybody by GPS. Also, all 300 million Americans should be implanted with a satellite communication device, so that the government can not only see what everybody is up to, but can also issue precise instructions to everyone what to do when and where, when to eat, when to sleep, when to pee, etc.....
Now wouldn't that make everybody's life much easier?
Of course the government shouldn't be able to track me without a warrant. But it also wasn't supposed to be able to wiretap me without a warrant. It may not make any difference, but this is a privacy issue that needs to go to the Supreme Court.
With out a warrant, Absolutley not.
It is time for our lawmakers to step up and update the privacy rights laws to include 21st century electronics. This issue pertains to many of the electronic devices used today and new ones coming in the near future. There is no reason the police, in non emergency situations, can't take the time and effort to get a warrant.
Not without a warrant.
No, they should not.
The fact is that a standard of tracking every citizen is a standard of assumption of guilt. The simple fact that a citizen has been deemed worthy of tracking regardless of whether there is legal justification for a warrant will prejudice juries, and hopefully we will evolve so that any prosecutor using this intrusion will find the evidence excluded.
I feel that the government should be able to track you with GPS, but only with a warrant. I believe not having a warrant violates the 4th amendment. And to say that a driveway isn't private is ridiculous. It is still the property of the landowner. It is illegal to enter a home without a warrant, so why should going onto the property at all not require one?
Would it be okay if i were to walk onto your driveway and do the same to you??? I think not!!! Thats the problem with the government they think just because they "can" they will, but i wonder what would happen if i, just a typical 20 year old, were to do the same thing to someone and i was taken to court. Would i be in the wrong or would the government make excuses and weave in and out of the law for me? NO! this is just another case of "powerful "men"" abusing their authority!!!!
The government follows us through our driver's license, work history, medical history and online activity already, so GPS isn't that new nor threatening.
The government absolutly should not be able to track you with a gps in any form without a warrant next thing they'll say is that they can legally track me through my smart phones gps because it to is not private, that because I may or may not let a stranger make a call on my phone and that I cannot without resonable doubt proove that I've never let another person use my phone that it is no longer private. To keep from drawing out my statement all I can say is that it is extremely sad to see my country that I love and that my father and so many brave soldiers died for has come to this, almost 2 years ago there was hope for change I could belive in and I cannot belive this.
Hell No! Unless we really are turming into a police state. Why would anyone think it's ok to spy on the American public without a court order. At least a court order give more than one entity an input as to the necessity of planting a GPS on someone's vehicle. Sheez!
Doesn't the government track us enough? Through taxes, driver's license, social security card, black boxes in cars, census, etc. We are definitely not a free society anymore. I don't care what anybody says. And your property you think is your property, yeah, right, I pay taxes on it, but I can't put things I want on on it. Sobriety checkpoints, redlight cameras, it never ends.
No. If a person hasn't committed any crime and no warrant has been issued then absolutely not.
The trouble with this is that members of so-called Law Enforcement are all too often guilty of Gross Misconduct .
Being able to use GPS without a warrant will be widely abused without a doubt. And , additionally , it just doesn't feel like "the right thing to do" in a Free Society. This is still a Free Society , isn't it???
Re: Should the government be able to track you using a GPS but without a warrant?
If the government needs a warrant to plant a listening device to your vehicle ... then they should need a warrant to track your vehicle via an implaned GPS device.
By-the-way, a GPS tracking device does not tell the government who is driving the vehicle ... unless they also plant a video device that shows who's driving.
I'm 76 years old and retired. They can track me to the doctor's office as often as they wish..
We are no longer the Land of the Free, and we have nobody to blame but ourselves. We put safety over liberty over and over again, and now this is the America of the 21st century. Maybe the Supreme Court will overturn it, maybe they wont, but the fear of terrorism and un-American activities will always be there to scare us into submission because it does every single time.
i dont believe the government should use these methods to track us. We are the people who elect these officials, and they abuse their powers with no repurcussions? What is this coutry coming to? Are we still a democracy?
they shouldnt be allowed to do this? Anthony lebron, austin, texas
Jack, It should not be legal. It seems as though one federal judge in attempts to help out the federal prosecutions case over something the federal government was never suppose to regulate in the first place have giving local authorities power to track us like federal express packages, or do they use bar codes?
Only in cases of terrorism. I couldn't care less about drugs, let Merck and Glaxo sell all the drugs, take the money away from gangs and keep it in board rooms where it belongs.
No way! Just because my driveway is accessible, that doesn't make it right for a stranger to put a tracking device on my car. They would be thrown in jail, just as if they had entered my home without my permission.
So why should the government be allowed to track my car without a warrant when they can't enter my home without one? It makes no sense, Jack!
Sure, because for those of us who have nothing to hide it won't matter.
Only if I'm allowed to track the police - and their spouses - wherever they go. You're right, Jack - this is Big Brother.
Joe in Florida
No, only in cases where there is factual national security risk involve!
Why not? Do we want to spend billions of taxpayer dollars processing warrants for GPS tracking? Our right to privacy was removed during the Bush administration when the government was allowed to view our library check out records. Privacy is over, thanks to the internet.
No they should not. And I don't like how the courts determined that it's okay to access your property when your vehicle is sitting on your property, but it's out in the open. Private property is just that – private. Comparing law enforcement's activities on your property to that of a stranger? Come on. It's called trespassing. Deliveries are exempt from that. I highly doubt law enforcement will say they're 'just delivering' a GPS unit and it comes with free installation!
It seems like an invasion of privacy to me. Delivery people are not in my driveway to attach anything to my property (Car)... And solicitors are NOT welcome. Anyone found under my car would typically be met with a rude awakening... Quite rude in fact.
Yes if authorized by the people. Remember that our government derives its power from the consent of the governed. Ha HaHa!!!!!
Even though I have nothing to hide, the answer to Jack's question is an emphatic NO! That being said, taking it to the Supreme Court is no guarantee that this will adjudicated in favor of the right to privacy. Look at whose side they were on regarding the question of corporate campaign donations.
Definetly not. It seems that Russia is becoming more like us and we in turn are becoming more like Old Russia.
Sadly warrantless tracking happens all the time.
We are often being monitored without consent. The question is whether this represents a unreasonable search. Boils down to "probable cause." But who is to say that a son or daughter borrowing the family car to go to the movies is about to commit a crime?
A very slippery slope.
No, get a warrant if you suspect something. And if that doesn't work, start placing tracking devices on legislators vehicles to see which house of ill repute they are visiting the most.
They appeals court in DC ruled that it was in violation to the 4th amendment but it was ruled constitutional by two other appeals courts previously. I think the Supreme Court should take the case and rule that a court order is needed because the GPS devices allow the government to learn behavioral patterns and daily habits that invade privacy and may not be able to be determined using normal monitoring methods used by law enforcement. What's next Wal-Mart using GPS to track the driving methods of people to determine the best store locations or advertising locations based on were you drive? Clear violation of the 4th amendment in my mind.
It is my firm belief that this violates some very basic constitutional rights. It concerns me greatly that the courts are legitimizing this practice. At a minimum, it seems that a warrant should be required for this sort of activity. In addition, the courts have expressed the opinion that for those who can afford to take private security measures, this practice is in fact unlawful. In effect, this means that our fourth amendment rights only apply to those who can afford them. This adds elitist insult to the constitutional injury already dealt by the ruling.
What is so difficult about getting a warrant if somebody needs to be tracked? Laziness?
The government should not be allowed to track a person without a warrant. This frightens me not because my own actions are criminal but because it is a violation of my privacy far beyond what I feel is acceptable. Technology evolves at a very quick pace and most actions of our dailies lives are already being monitored. It's very saddening actually. Not only does it seem that authorities are paranoid of our nation's people but it creates paranoia in common people like myself.
Absolutely not. We have already ceded many of our liberties and it doesn't look like that's going to change anytime soon. What would happen if I park on the street and they attach a GPS to my car, I find it then destroy it? Will I be charged with destruction of govt. property? What would happen if I forgot to lock my garage door? Can they sneak in and plat a device? Maybe it’s time to move to a country, I think, that is less corrupt. How about the Philippines??
For the ordinary person, GPS surveillance of his/her vehicle is nothing to be concerned about. However, if someone has something to hide, he/she in essence is a criminal and deserves to be tracked. I think I would give up this small liberty for the benefit of the greater good. However, I can't stress enough on how far this would be taken and abused by the government.
Jack, the fact that the police entered the driveway is not really all that legally significant. This is really a fact-specific inquiry in every case, and the law is well-settled on that issue. Rather, the real question here is whether the police should be permitted to use tracking devices to follow criminals without a warrant. That said, how is tracking a criminal the old way (i.e., having an unmarked car follow the individual) any more invasive than using electronics (i.e., using a tracking a device) to accomplish the same task? There is a long history of Supreme Court precedent that permits the police to use technology to conduct lawful search and seizure cases (e.g., using binoculars to see what would otherwise not be visible with the naked eye).
I don't have a problem with the government tracking people they suspect of illegal behavior, BUT, a warrant should be an ABSOLUTE requirement.
Hell NO! By this faulty logic, your property is not private property. Absurd! If true, trespassing is no longer illegal! Entities would no longer be able to bar someone from private property (people or companies).
On top of that, the constitution says "The right of the people to be secure in their persons, houses, papers, and effects...". Surely, your vehicle on your PRIVATE property qualifies as an "effect".
Taken further, your purse, briefcase, coat, wallet, pocket, desk, etc. are not private if they accessible.
Hell no Jack, that is criminal for the government to be able to do that. It is worse than saying that the cops can lie to you but if you lie to them you go to jail, hell of a country anymore!!1
We are no longer the Land of the Free, and we have nobody to blame but ourselves. We put safety over liberty over and over again, and now this is the America of the 21st century. Maybe the Supreme Court will overturn it, maybe they wont, but the fear of terrorism and un-American activities will always be there to scare us into submission because it does every single time.
Time to Move
4th amendment – 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. – This says it is illegal.
Absolutely, without a single doubt, NO one, not even the government, can enter your property without a warrant or your consent. There are reasonable exceptions to this that could be considered implied consent that might allow entry onto a person’s property for certain commonly accepted purposes, such as deliveries, persons needing to speak with you, emergencies that threaten life or property, etc. Police are bound by these commonly accepted purposes as well, and may enter your property to speak with you, serve papers, check on your welfare if there is reason to believe that you might be in danger, etc., but without a warrant, they may do no more. The monitoring of a person’s communications, transactions, movements (via GPS or otherwise), or any other legal activity without a warrent appears to me to be unconstitutional as well.
Our government's trampling of the constituion is becoming more American than baseball or apple pie. Anything in the name of security?
I should be more careful, Comcast is probably monitoring me now online, the NSA is monitoring my telephone, The FBI is monitoring my car, the IRS is monitoring my money. A guy I know that moved here from China told me he felt freer there then here in the U.S. Welcome to the home of the brave land of the free.
Is the issue the driveway or his property the jeep?
i wonder if this wasnt more of a precursor to mandatory gps monitoring of miles driven by state transportation authorities for tax purposes that some states want to implement.
Absolutely not! If the government has a valid reason for tracking an individual, then they should have to get a warrant! If they can't get a warrant, then one has to question the validity of the reason for tracking the individual. Absolute power corrupts absolutely!
NO, the federal, state, county or local government should not have the authority to track Americans without a warrant.
Freedom from governmental intrusion is guaranteed to all by the First and fourth amendments and even the bill of rights.
No, it is not OK for government agencies to track anyone, even if suspected of criminal activity. We, Americans, have the right to be free and the government has not right to create a situation where we, the people, can facilitate criminal judgements against us. The right not to self-incriminate is a fifth amendment right.
One may believe that 1984 is here, but we are, hopefully, a free society without government intervention in our private affairs.
We must have proper checks and balances for this kind of thing. Any agency that has the equipment to this could monitor spouses, political candidates etc and share that information for all the wrong reasons. We must have judicial oversight. Additionally, my driveway is MY private property and not the government's, not a stranger's, or a guest's. If it is not my property, please let me know the names of the judges who ruled in favor of this. I'm planning a few weekend camping trips and need a free place to put up my tent!!!
Absolutely not. It is an unconstitutional attack on my privacy rights and my right of free association. Shame on the 9th Circuit for approving it. The fascist state is growing in America, and it's not coming from the current Presidential administration, but the last one.
Absolutely not. If I were to attach a GPS to another private citizen's vehicle so I could follow them around, I would be charged as a stalker, and rightly so. Without a warrant, that's exactly what the police are – a stalker. Get a warrant, and you have transcended personal whim to an agent of the state, with all of the checks and balances that ensure my rights, and protect you from your own prejudices.
Isaac, in Fairbanks, AK
A person's property lines exist whether or not there is a physical barrier there to prevent entry.
Also, what is their definition of something that prevents "strangers or delivery people" from accessing a person's property?
Does a waist high picket fence count, since it can be stepped over and strangers can still "access" the area?
Exactly how much of a barrier has to be erected before my property is considered to be my property?
Ocean Springs, MS
No they should not!
My car is "My Car". No one should be able to put anything on it or any other thing I own. Get a warrant or keep your hands off.
Yeah it's like invasion of privacy having to tell someone else what your doing by getting a warrant.
Disturbing ^2. This should not be happening in a country like the USA. If they want to plant a GPS device. Fine. Go through the search warrant routes. Now nobody knows if they are being followed even if they did nothing wrong. Way to go legislators. Let me plant a GPS on your car and see if you like it.
Everyone worries about the government- As well they should. Somehow it's just not a big deal when corporations do it. After all, we couldn't restrain business the way those socialists in Europe do; with their cheap excuses like individual rights.
This is completely against what our founding father's wanted for us. If they had any idea that this was even being debated they would have added more clarity to the amendment of the right to privacy. The Congress and the President must act quickly to stop this gradually deterioration of our liberties. I haven't much issue with some of the technology being used by law enforcement, but this is clearly a common sense issue. You can not track someone using a device without a warrant. Otherwise, we shouldn't have warrants at all.
Definitely not! At first it will be presented as a way to serve and protect you. Later it will be used in more intrusive ways. Soon it will come to a point where your thoughts will be monitored. At many work places GPS was brought in under the guise of safety only to be used for tracking an employees' every move. The only possible way I would even consider it would be for someone who is dangerous and likely to re-offend and then only with a warrant.
This is the kind of US government activity that actively makes me root for Wikileaks and others. The government uses what I consider illegal activities all the time. Lying, intimidation, etc. yet they get their undies in a knot if it happens to them. Sorry Uncle Sam, you opened this Pandora's box. I'm surprised there is not more pushback. If a thousand people refused to pay taxes they would go to jail. If millions refused government would have a problem!
Only in a communist country and it appears that we've been gradually becoming one for a long time, thanks to Harvard Law School deciding 90 years ago to stop teaching our founding father's extensive explainations of the Constitution and other law schools following suit.
With every day this country becomes more and more a fascist police state, no its not ok to track anyone without a warrant or to be on someones property without permission, I guess we all have to put up walls with barbed wire around our homes now, but then they will get google to spy on us for them from space!
No they should be allowed! This govt is starting to sound like the former Soviet Union. I live in Southern California and we have Border Patrol police check points and they tend to ask already where are you from and where are you going? If your a single female in a car with tinted windows you will get searched as the drug cartels tend to use single females to drive drugs around!
Guess the bill of rights got thrown out by the Bush Administration and Obama's doesnt want to give our rights back!
Uh... No? That would be my guess. Time to purchase some elint sniffing equipment. Maybe find a tracking device and stick it on a delivery truck or another cop car.
I can also shoot dead anyone I catch sneaking onto my property and messing with my car. So they can go ahead and try it.
With that said, anybody can do this. I don't see the fed doing it unless they have a real good reason. The threat is some fed abusing the ability to track their wive or girlfriend.
Absolutely not – I believe the idea of reasonable cause is still a touchstone for our justice system – warrants are the physical manifestation of that idea – law enforcement has been encroaching upon the Fourth Amendment – we must stand up for reasonable cause !
Absolutely not. What a gross violation of our 4th amendment rights. Hope the Supreme Court hears this, these kinds of practices should be stopped immediately.
How can you trust a government that can't (won't) trust it's own citizens (tax payers).
The pressure is on now Jack. We can sit back and wait for all the anit-Bush warrentless wire tapping bloggers to get started. Personally, I think this goes against personal privacy.
No No No this is absolutely nuts and a huge violation of our rights! I am not an American but if it can happen to you guys it can and will happen to any of us.
Hopefully the Supreme Court will uphold the Constitution on this issue. If the government can get away with activities such a planting GPS devices without warrants, what is next? Tracking chips implanted into people without our consent? If so, Orwell's 1984 truly will have arrived and the U.S. will have become a Gestapo country.
Got "Low-jack" on your vehicle in case it's stolen? Factories or dealerships quite often install them in case the're stolen from the lot and don't remove when they are bought.
Got a cell phone?
Got a car with "OnStar"? (They can push a button and listen to what's going on/being said in your car any time you want.
Want to get away from it? Buy a horse.
Only if we can track the government back. Where's Obama going to be at 3PM on Tuesday? I'd like to take a satellite photo.
No - but then again, I don't believe the Federal government has the power to keep the man from growing marijuana or force me to purchase health insurance.
My knee jerk reaction would be absolutely not, but then I don’t go anywhere worth tracking. However, where does this end, and when do we say enough already to the total disregard of our rights?
Can government law agents follow you around in a car all day long without a warrent? If so there doesn't appear to be a diference. I don't agree with it, but would be legal.
if I say no – it's wrong, the government will likely track this post – sounds like more and more, those crazy conspirators that are always paranoid of the government might have been making sense all along
This is nothing more than more constitutional rights being destroyed. What happened if the supposed bad-guy found the transmitter and put it on another vehicle? This is not good police work, and should be prohibited.
Jack, I'd have to say not without a warrant, both sides of the aisle have opened Pandora's Box on this issue and really need to pull their glasses out and read the US Constitution. Really tired of the "it's for the greater good" song and dance. We have a reasonable expectation to privacy guaranteed to us by the founders. Not to mention that going around a judge just removes one more check and balance for law enforcement. Those laws are there to keep honest people honest.
Our government is great . They say they can't find all the illegals in the country but they have the money for this invasion of privacy. We need to vote every damn one of them out of office now.
This country is supposed to be a country of laws, yet for years now those in 'power' find ways to walk around the laws.
We allegedly have so many people out of work, why don't we just develop an entirely new SS and assign each person a 'tracker', the tracker has a job, making an income, the gov't collects taxes on that income, everyone equally loses their privacy, but hey, the economy will turn around with all the new jobs and taxes...
So come one, turn up the flame to boil, and stir the pot a little more, there's enough to go around for everyone... If something hasn't affected your life yet, hang in there, it will...
I would not care, they are only tracking you if you are doing something wrong to begin with. Go ahead and do it.
There are some things that I agree with the government tracking citizens for, such as terrorist activities. But the fact that they are using this ability to track someone who may or may not be growing marijuana is a ridiculous use of government funds. Then again, most such expeditures are a great way to waste taxpayer money.
This is just a first step.
We have to stop it now!
Somewhere George Orwell is smiling.
If government can do it, why can't I? And if I can do it, so can everyone else. What kind of society will we live in then?
Most hospitals are public property. Why not just routinely implant GPS microchips in all newborns so we can soon know where everyone is at all times? Next generation wouldn't have to wonder where their marijuana dealer shops for groceries, where illegal aliens' American-born citizen kids grow up, where missing kids are being molested, where your elected officials are having their affairs, or where your President was born. Would also soon pay for itself by saving insane costs of census surveying.
Absolutely not...... sounds more like the KGB as you said... should have to have a warrent......
NO. Geez....This country is getting ridiculous.
Absolutely not! This is exactly the kind of thing the Fourth Amendment intended to prohibit. I can't believe this is happening in the U.S.A.
Well if you don't have anything to hide…why worry? And if you have something to hide. Well lets just say if you wouldn't want to tell the world about it, stop doing it.
I don't think that govt. has the time or appetite to monitor "you", unless you are a criminal or at least a suspect. In the incident that has been quoted, the person was a suspect, and I think to stop crime the govt. officials should have the necessary tools, and please, tracking with GPS, I think, is the least form of invasion of privacy. Given the tech leaps, there are many other ways, if they really wanted to breach privacy.
They definitely shouldn't have the write to place tracking devices on private party without a warrant!
Isn't there a bigger question to be asked? Why should things have even gotten to this point in our civilization? If they've done it for a good reason before, they can do it for a bad reason at their discretion. What's next, losing the freedom of speaking out?
Of course not, but that will not stop them. Our government works on the principle of It's easier to ask forgiveness than it is to get permission.
Oh how the federal goverment sease to amaze me.Whats to come next track us when we go to the labatory.The goverment has gotten to big for it britches enough is enough.
I would think the passing of the Patriot Act has made this question rather moot. The act virtually removes constitutional rights in return for "protection". I feel the historical wisdom of one of the originators
(I hesitate to call any of them founding fathers and be politically incorrect) is that if you give up freedom in exchage for protection, you deserve neither, or something like that !
The government exists to protect our freedoms. It's a sad day when they can't respect our 4th amendment.
Even though the government probably has good intention by doing this, it is a clear invasion of privacy. People deserve to be able to live in peace without being constantly worried that they are being tracked with a GPS. Last time I checked, this was a free country..
Tracking you without modifying your car is fine. Adding something to your car, even if it just sticks on is more than just a privacy concern - it is a violation of your property rights.
Jim, Craig, CO
Absolutely! Warrant schmorrant. Our government should know EVERYTHING about EVERYONE, our activities, our food choices, what we watch on television, our dreams, but most of all, our movements. Who knows what evil lurks in the hearts of man? The government, that's who, and it's their job to protect us. MICROCHIPS FOR ALL!!
this is absolutely dispicable. Not only is the govt. unable to fix our economy they resort to spying on citizens to keep their law enforcement busy.
It's over. The scumbags won. This is just one more step in a never ending process towards the inevitable police state.
Unfortunately, Jack, this is nothing new.
Prior to GPS, multiple cases in criminal law have established that because the vehicle travels on public roads, there is no expectation of privacy and tracking devices (the kind that had government agents/police triangulating from nearby vehicles) do not require a warrant.
No, it is not ok to put a tracking device on our car in our driveway. I want to catch criminals too, but I don't like that
particular way of doing it. I know there are lots of other ways to do it, but I guess I don't want to give in without a fight.
Wish we didn't have to track anyone.......
Ever since the passage of the PATRIOT Act, the people running this country have treated the Constitution as a meaningless old piece of paper. The only piece of paper that matters anymore is the dollar and that's losing its value to gold and the yuan daily. Wake up America! Each day is one day closer to the end of this great nation.
In short, no. If in the course of due-process law enforcement is requred to track a single person for suspicion of breaking the law, by all means yes with a warrant.
If not, then where exactly is the line crossed? Do we have to hide behind the Castle laws for in-home security and belief in privacy?
Are windows fair game because delivery persons might use them to look into the home to see if occupants are available? Is your laundry fair game for tracer bugs because it hangs to dry outside on your property?
Where is the line?
Absolutely NOT! Thanks to the Bush and Obama adminstrations and Homeland Security, one FBI agent can now issue a warrant for another FBI agent. Private property is almost meaningless anymore. These jackbooted, brownshirt actions bring up memories from the past.
Tucson, AZ – a driveway is NOT public – access is by consent, ONLY. Other courts have so ruled. A device placed via trespassing is illegal. The fruits of the poisoned tree are inadmissible. Some of these lawyers need to go back to law school – the stuff you see on TV and in the movies is often incorrect. Standard intelligence methods are, in fact, CRIMINAL – that is why "the Secretary will disavow any knowledge of your actions!" The DEA has certain "special" powers as an agency of the Treasury Department, but trespassing is not one of them.
Not if you're in this country illegally. This enforcement tactic would be squashed "
yesterday" if it were used to track illegal aliens.
As an ex state trooper, I am sure that the govt. wouldn't waste their time on anyone who wasn't up to something untoward. It's time to quit being soft on crime.
As much as we all wish we could be, there is no way we can be 100% free from government intervention. The government isn't just there to make laws and sit back and watch–it is also there to protect us. In order to enjoy the relative safety most Americans take for granted, we have to be willing to relinquish a little bit of that "freedom" we so cherish. Whether people approve of this case of government tracking or not, this country still respects its citizens privacy more so than most countries in the world.
GPS Tracker: $50. Putting it on my ex's car: Legal. Knowing where my ex is at any give time: Priceless!
Hey, if the government can do it, why can't I?
Tracking devices? Planted in my own driveway? Who's doing the tracking – the KGB? Don't we have protection against this type of outrageous behavior guaranteed to us by a dusty old document with frayed edges called the constitution? Phil Greer, Sarasota, FL
No they shouldn't be able to do that. If they feel their case or suspicions are that solid, they can wait for a warrant. This is why no one wanted the patriot act. We all knew, and we were right, in feeling it would be used to spy on rightful, law abiding US citizens instead of using FISA authorized or warrant-less spying methods. We were duped into thinking this was all about terrorism, when the reality is, it's all about control of Americans.
Shame on you GWB.
In a word... NO! Yes any one can come on my drive way, but the general purpose of the driveway is for someone who is coming to see me. Yes they can track my cell phone, but I chose to have a cell phone, and I can turn it off if I want. I don't chose to have the government place a device on my car. Beside, isn't my car private property. In fact, isni't it call "personal property" and taxed as such. So it in and of itself is private property? hmmmm... Step by step... slippery slope... its just a matter of time till we really have "Big Brother Watching".
Jack, I quote the great patriot Patrick Henry, "Give me liberty or give me death!" From the PATRIOT act to the government spying on us via OUR vehicles. This is a violation of the Constitution, and the founding fathers are probably rolling over in their graves.
Talk about laughable,Cant capture or kill Bin Laden but no problam spying on the guy growing pot. I would have to suggest they get their priorities straght and start doing these types of things to people wo are realy a threat to society.
Stop it already. We're talking about a country where people with many children pay almost no taxes, while people with none get taxed to death, literally. Don't want "Socialism"? Then what is it called when over 25% of my property taxes are allocated to local schools when my wife and I don't have children? Own a home, get a tax deduction; rent and you get "RICHARD"... And, every day these injustices get worse. Many people can't wait until November, while I can't wait until December 2012.
i think law enforcement should be able to use the gps devices to track criminals or suspected criminals. The device save agencies money, by not having to use man power to follow people for long periods of time.
Hell no! Not without a warrant.
You hit the nail on the head. So, people of money with gated driveways have more privacy than people of little money without gated driveways. Where's the sound reasoning in that? There's nothing sound with the judges' thinking on this matter.
What's next? People with money get VIP first-in-line voting privileges and people without money don't are screwed even if they're first in line? The government could hire Ticketmaster to manage it.
Our leaders and thinkers are certainly faced with uncertain times, but it seems the same leaders and thinkers aren't leading or thinking at the moment. What a shame the smartest people in our country are thinking with their head up their backsides.
i think they should. i have nothing to hide. using a gps to track you is no different than tracking you with a helicopter or a car but is easier and more efficient.
no, i think not.
heck, they don't need a warrant to walk right in your front door, why quibble with GPS. Maybe they should just strap one on your ankle when you graduate high school and be done with this liberty crap.
This is TYRANNY! Jack you said that nowadays we can't expect much privacy. Thanks to Google, The NSA and the Telecommunications almalgamation back in the 90s is it really that much of a surprise. Sounds like the morons who say "Well we have to give up our liberties for Freedom" Can anyone say double-speak?? The Answer to 1984 is 1776! Death to the New World Order!
Yes the government should be able to track us without a warrant on the condition that we get to track them and their fraudulent activities without warrant.
I think it's a truly wonderful idea–provided every elected official and every senior appointee is required, repeat required, to have the same GPS device on his/her private vehicle, with the output readily available on the Internet. In a privately-owned, non-government run website.
Make the same requirement for every federal judge, as well. (See how an idea can quickly become unconstitutional?)
In a word?
In a sentence?
Law enforcement officers too often have too little respect for the law.
Jack, this seems really intrusive, right?
Are we just stupid? This is going to court. People are up in arms aboput government snooping.
But take the same people who scream about this, offer them a FREE cell phone (GPS built in) or a satellite system on a new vehicle FREE (like ONSTAR) and they think they are getting a real deal!
Duh. What's the difference between the gov putting a GPS on your car, and the gov simply reading your GPS info from your cell phone or auto!
And, if you think this is bad, just ask a woman who has moved from one state to another and tries to get a driver license. She will have to provide documentation for EVERY NAME CHANGE. I am really sorry for those who have been married numerous times!
Big Brother is here, no doubt about it!
Absolutely not! This is a SEVERE violation of the Constitution; It is the stuff revolutions are made of. The is far more offensive than inappropriate taxes or any prior reason for civil war. The government needs to be slapped into submission by taking out the trash in November. Vote for NO incumbents!
"Freedom is just another word for nothing left to lose" (Carole King). There is no freedom. There is no privacy. No, the government should not be permitted to attach our vehicles with tracking devices. You are so right Mr. Cafferty. We are one click away from being ruled by the new KGB.
There are a couple of cars at 1600 Penn in D.C. it would be fun to track. Just curious if it's really necessary to wait until the dark of night?? That part's just a formality, right?
"What's good for the goose..." and all.
The fact your driveway is accessible gives the government no more right to attach a GPS than it does to tap your phone line which is accessible too. If they want to do it to my car I'll give them a warning: In my state it's legal to use deadly force on ANYONE who is a threat to your property and I have guns.
Any liberal judge, following Justice Brandise, would be against this invasion of privacy. But the fact that a conservative judge also is against it is newsworthy, because conservative judges now-a-days are quite unpredictable.
No! and again No! As American Citizens it is our right to "due process" INCLUDING a warrent before search and seizure which includes where and when you are in any one location. Stand up for our Rights and Shout No to this.
In the mid 70's I was an undercover officer. We had a tracking device we could attach to a vehicle with magnets. This was, obviously, not a GPS unit but emitted a signal we could track. There was a ruling that the attachment of this device constituted a "search" and was a violation of the Fourth Ammendment. We had to get a warrant to attach the unit to a vehicle. I don't know what rulings have occurred since then but today it is probably prohibited on a "privacy" basis.
Jack, who does the government think they are? What gives them the authority to tamper with another persons personal property? Not only should they not be allowed to trespass onto a persons personal property but they should keep their silly hands off anothers person vehicle. How about "we the people" start GPSing them (our government, elected officals and agencies just to see what they are up to!! The old saying is "What comes around goes around" so get ready!
The short answer is No! I thought President Obama criticized Bush for invading our privacy; the democrats made this a huge political issue during the campaign. I guess this is the change we can believe in huh?
Obama is like any other politician; he smiles in your face, tells you what you want to hear and then ignores the masses once he is in office. I can hardly wait for November to get here.
Absolutely not. Thousands of independent farmers have already objected to this type of tracking, in fighting NAIS and similar animal tracking systems. There, the government tried, and in some instances is still trying, but under the guise of different programs, to track farmers' and other animal owners' "movements" of their animals. When it's a large corporation, there's no individual privacy at stake. When it's individual livestock farmers, or a teenage girl taking her horse to a weekend horseshow, it results in forcing animal owners to "voluntarily" report their every movement. 10,000+signatures by farmers, fighting such a plan, makes it clear the populace objects. But still the government keeps trying.
What does that GPS thingy look like and does it interfere with your TOM-Tom or whatever? Thank you. How about a journalistic investigation on this ? !
Since the authorities were justified in accessing that person's driveway to plant a tracking device on their vehicle because "ungated driveways" are not considered private property, then does that mean that we no longer have to pay property tax on our ungated driveways, unfenced yards, etc...?
Jack, And the Republicans are so famous for calling the courts too "liberal",HA!!!!!!!. Let's see how many of them will want to have the government knowing where their girlfriends live. Layne A. Antioch, Il.
This all started under the last administration, so what are we to do about it?
If it goes before the Supreme Court, you know how that will go, 5-4.
Maybe your voices should have been heard between 2000 and 2008. Hello.
I have mixed feeling. Since don't plan on committing any crimes, I don't mind. It might even make me safer. What I definitely approve of are lots of security cameras in every hotel,apartment building, store, alley, parking lot, school, church, & other public building, both indoors & out, aimed in all directions. They cause the crime rate to drop way down, & are invaluable for catching criminals.
ohh well, usa always called on china, russia and the rest of the world undemocratic. This remind me of the KGB used to spy on people. This an indication of how the usa being hypocrate.
O brother, where art thou? Jack, that is why we have cell phones. you are basically walking around with a GPS system in your pocket or purse. Your position is triangulated because of the cell phone towers which gives you a signal on your phone.
why not? constitution ..What is that ..Not in this country anymore,We make up laws as we go..Where we should put the gps on cars?.. How about the police..Lets see how they would like it if we followed them
But it's a felony to film the police in public. Funny!
One better, why not just allow the government to install gps chips in all so that we would never get lost and we would never forget them.....
Los Angeles, CA
I am amazed at and appalled by the degree to which "freedom" is only nothing more than a pretty word in our American vocabulary. It makes me wonder whether the government isn't already planning ways to insert GPS devices into our bodies?? I've always thought that government was instituted FOR the people... somehow, however, the roles seemed to have changed.
Any liberal judge, following Justice Brandise, would be against this invasion of privacy. But the fact that a conservative judge also is against it is newsworthy, because conservative judges now-a-days are quite unpredictable. Vermont
We dont have much privacy left in this country...about the same amount of freedom we actually have. With the government being able to attach a device to my private vehicle has gone to far. I remember the stories of the "Jack Booted Thugs" which kicked in doors of the incorrect homes and the stories of the IRS auctioning off personal property only to find out later that there was a clerical mistake. The government already has to much power to violate the Bill of Rights. Our fore fathers are getting plenty of exersize rolling over it their graves.
The same people that use their cell phones in airports, on aircraft, in restaurants and other public places, are probably the same people complain about their lack of privacy. In my opinion, these people have forfeited their right to privacy.
Unless you live off the grid, someone is tracking us
throughout our day through security cameras at
convenience stores, banks and airports. The illusion
of privacy is all we have left. Now I want to know what
are the 8 states? Is Texas one of them?!!
This is an absolute violation of ones rights. Unfortunately, it seems, the Patriot Act has opened the door for this type of "illegal" behavior by law enforcement. What ever happened to requesting warrants, from a judge, to enter someones property? Where is the respect for the laws that were written to protect the privacy of an individual? Shame on the courts that have upheld these violations which are ultimately setting precedence for the future infringement of other peoples rights. All this not to track terrorist but to get a marijuana conviction. Ridiculous.
The Bush Administration opened the doors with the Patriot act for this country to monitor it's citizens illegally. I hate to see what living in this country will be like in 20 years. George Orwell was apparently an optimist. Freedom is quickly becomming an illusion.
I thought everyone already had a legal duty to tweet where they are everytime they go somewhere. If law enforcement only checked out their suspects' Twitters, the GPS trackers would be unnecessary.
For anyone truly concerned about Big Brother tracking them to the Adult Book Store or Strip Club, when they were supposed to be at church or the library, there are a number of commercial devices readily available on the internet that will spoof the GPS tracker and render its data unusable. Personally, I favor the LEAs using technology like the GPS tracker. It's a lot more cost effective than putting stakeout teams on suspects to physically follow them to marijuana grow sites, etc.
A government issued social security number is the most powerful GPS tracking device there is and it doesn't require a warrant or a high tech device.
It’s Ok with me Jack as long as they don’t squeal to our wives. The game is 5 card draw and the government is welcome to join in. CASH ONLY.
If you think this is OK, you are the problem.
Jack, this is just one more layer of surveillance possibilities already available to the authorities. Those enectronic toll pay boxes you put in your car can track your movements. So can your cell phone. Newer cards contain chips that can be accessed for car-usage information, on board GPS sytems can potentially send information as well as receive it.
When you use your credit card, your location, what you bought, and when can be tracked by the credit card company, and of course, the government. When you're at your computer, putting in what you think are anonymous comments like I am doing now, you can easily be located. Wait...what did I just say? Sorry... gotta go....there's a black helicopter hovering over my house...
Any person that is OK with warrantless GPS tracking by the government is an insane liberal.
If you think a gps unit is intrusive, but two days ago I had three helicopters hoving about thirty feet all around my house looking for pot. they flew over my house for about 10 minutes, then when I started filming this invasion of privacy they left, I have nothing around my house what is this country coming to???
I feel that if a Government entity plants a GPS, listening device, or whatever without my permission, it is vandalism. If they enter onto my property for this purpose, it is trespassing. Assuming they don't have a valid warrant for these purposes of course. If I find it and destroy it, are they coming after me for the destruction of Government property too?
1 man's political philosophy...this is why i dont vote and never will i see the inside of a voting station. The gov't can do whatever they want to do...its up to us as citizens to go broke or blind fighting the case. Only problem is sociology of law....an individual against any organization or municipal entity is almost always at a disadvantage...unless of course you onced played running back for USC and the Buffalo Bills...then you could afford as many lawyers, investigators, and expert witnesses as the establishment. In the words of Tommy Chong "...for the first time in my life it made me feel like a black man..."
This is a poor interpretation of the law. The DEA pressed a bunch of judges so they could track some pot dealer. This is how this all blew up. When the alleged person of interest tried to fight it in court he was shot down. Again the DEA pressured a judge to to side with them. Last time I checked a person on my property without concent is trespassing. Just because you don't press charges for every girl scout or salesman that comes by doesn't mean it should be legal for anyone to come on there to conduct a formal investigation. The mailbox is is located in most houses on local govermentr property technically. Yet if anyone other then the mail amn or a resident of that address goes into it, it's a federal crime. I think they have some explaining to do here.
Of course Jack, in a socialistic country the government takes care of all our needs, wants and wishes. In order to do so properly they need to know exactly where we are. Now if only we could get their GPS equipment to also handle video and voice.
Oh s..t, I have some soldiers knocking on my door, talking about me being in the process of divulging a state secr......
Hmmmmm....I see a good investment in the sale and manufature of GPS jamming divices.....Do I have any investers....lol????
Only in the case of convicted child molesters and perhaps for other serious violent felonies where the person has been let out of jail and also illegal immigrants that have been caugt should be chipped before deportation. They all should have microchips with GPS implanted somewhere where it is harmless to the person but difficult, painful and expensive to remove.
This is far from okay. I know they would get nothing of value if they were to track myself, however, I am not about to give up on my rights and others simply because I am not a criminal.
I simply can't believe they violated this person's rights to make a weed bust.
This isn't the country I grew up in...what the hell has happened to the United States? These politicians and judges are a disgrace. Left...Right...Middle...Conservative...Liberal...they are all an absolute disgrace.
I think this is outrageous!! And scary. What can be done?
I'm sure it is just a matter of time until nano-chips are implanted into new born babies, then our technology will finally have conquered all aspects of that now extinct condition once called "privacy".
The fact that private property might be easily accessible in no way changes that it is still private property. No one has the right to tamper with your private vehicle wby attaching a device to it. Period.
Whether a GPS device weighs 1 OZ or 10,000 LB, we can all assume it weighs something. Who is paying for the extra gasoline that it takes to haul around this device? If you say it doesn't cause you to burn that much extra gas, does the Government also have the right to attach a device that weighs 10,000 LB?
NO ONE should have the automatic right to go into your driveway and touch your property (car) much less add something to it. The UPS delivery person has no such right. That argument is just a bit disingenuous.
So, I take it the individual was guilty. I have no problem with anyone GPSing me. At least I'll know where my tax dollars are going. Is it any different from a helicopter following me around? Really, this all about someone who got caught and is now trying to get out of it. End of story.
The government should get a warrant to track your vehicle via GPS.
I think this is in the same category as a national ID card. I've got nothing to hide. Go for it.
It has the effect of making one scared and that can only provoke violence and hatred for innocent people.
All the technical advances and abilities to undo the tracking devises the governement uses, and the counter devises the govt uses, all starts to look like a revolution against a government that has violated human rights. I have had this happen to me Jack, and I can't tell you how scary it is for a single, and innocent person.
Honestly how would the framers of our constitution feel about this. It reminds me of the current state of DUI laws or drug laws, talking/texting on a cell phone is proven to be just as dangerous as have 3 beers and driving. As will all things goverment related it is about cash, I am sure the fine for growing weeds is quite high and the "tax by cop" criminal justice system is only growing stronger.
It seems its only the criminal element who would object to his approach.
If you're not doing anything illegal why worry?
My first reaction is no, it's not OK. But then I wondered:
Is it OK for someone, official or not, to visually follow someone at a distance without a warrant? I think that has always been legal. If a detective sees something suspicious and follows, a warrant is not needed.
Is there are fundamental difference between following someone visually and following someone electronically? Except for the cost, I don't think so.
I had enough of our government's intervention into our lives. Privacy disappeared long ago. Regulations keep piling up impinging on our freedoms. Taxes, fees and permits are part of the natural order of life and keep increasing in cost. The good of the people is secondary to that of special interests. So what did I do? I sold everything and moved to Nanning, Guangxi, China. I feel free again!
Actually, it is completely legal. It does not violate either the fourth or fifth Amendment as some continue to comment here. There are no fifth Amendment implications at all. The fourth Amendment protections against unreasonable search and seizure do not apply as nothing is being seized and the potential interpretation of a "search" does not apply as there is no reasonable expectation of privacy with regard to where someone drives. It is really no different than a typical following-type surveillance for which no warrant is required. Further, these types of techniques require internal approvals (checks and balances). An officer cannot simply decide to put a tracker on someone's car without sound justification.
An out of control government or police force is certainly an undesirable thing. However, that is not the case in this instance. Most of the responses on this board are simply knee-jerk reactions and paranoia by people who do not understand the issues and implications.
It's not okay but they've been doing it for years and years and years. Ad agencies do it too. Political analysts do it too. If you live in a populated area people across the world can look at a close up picture of your house and your car on Google maps.
It's one of those things you simply can't think about if you want to function normally.
It's a violation of the 4th Amendment, Jack. If Bush was still president would it even be a question? How lazy can law enforcement be? They can even get a retroactive warrant for gosh sakes!
They that can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin, 1759 (This was BEFORE the revolution guys). I looked this up when Bush and gang were formulating the patriot act and have believe it ever since.
Well, if it helps me sleep better at night knowing that our government is free to track all the "bad guys", islamo-fascist terrorist wackos, liberal commies and other n'er do wells without any paper trail like a warrant then who cares?
I don't really agree with that but I heard that a lot of that after 9/11.
So far, I may have been tracked without knowing. I don't know what utility would they have to know where I am? Other than my own ego, I doubt anyone else finds my business important, now if I was Paris Hilton that maybe slightly different. =)
No. It is not okay for the government to track me on a GPS device. However, it may work for others whom may not make the privacy connection issue. What do you think Jack Cafferty? Is it alright by you to be tracked by a GPS device?
Track me anywhere they want to is OK by me. I think they will find it rather boring, but I have nothing to fear.
This is the kind of thing that our parents warned us about.
This will end. Badly.
Arizona has led the nation with freeway photo radar cameras, and cameras placed throughout many of our cities. Most people assume the cameras only "go off" when someone is caught speeding or blowing a red light. The truth is that the cameras are actually video cameras which record everything, 24/7.
Through the advent of modern technology, the systems can be used to track vehicles from point to point. The information gathered is stored in a database which by law does not have to be purged. Members of our legislature, a minority, wanted to pass a bill which would have limited the amount of time that the data could be stored. They were outnumbered and the bill never saw the light of day.
Our nations laws have not kept pace with technology. We need to limit the amount of data collection which can be performed on our citizens.
You can fashion a nice helmet from aluminum foil that can prevent unwanted government surveillance. Have a nice day!
Jack in the immortal words of George Carlin while talking about our rights "if you read the news even badly, you know that every year the list gets shorter and shorter"
Since the appeals court has decided that driveways are not private property, why don't you have an enterprising producer plant a GPS device on the judge's car and track all his movements for 24 hours just for fun? Or has the judge created an exception for the government to invade our privacy?