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"Feds to judge: We still think we can put GPS trackers on cars entering US"
Posted by: btfc
Date: October 07, 2018 12:09PM
'A top Homeland Security Investigations official has told a federal court that it remains the agency's policy that officers can install a GPS tracking device on cars entering the United States "without a warrant or individualized suspicion" for up to 48 hours.
There is no such time limit, HSI Assistant Director Matthew C. Allen also told the court, for putting such trackers on "airplane, commercial vehicles, and semi-tractor trailers, which has a significantly reduced expectation of privacy in the location of their vehicles."
Such an assertion comes over a month after a federal judge recently told the Department of Justice that such a practice—at least in one drug-trafficking case—is unconstitutional. His decision is based on a landmark 2012 Supreme Court ruling involving GPS tracking, known as Jones.
Prosecutors had claimed that installing such a tracker was valid under the "border doctrine" exception to the Fourth Amendment, which finds that limited, warrantless searches at the border are allowed. US District Judge Jesus G. Bernal disagreed in an August 24, 2018 ruling.'


[arstechnica.com]
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Re: "Feds to judge: We still think we can put GPS trackers on cars entering US"
Posted by: rjmacs
Date: October 07, 2018 12:10PM
Looking for examples of the kind of terrifying and expanding executive power that the newest SCotUS justice will absolutely uphold?

Look no further.



rj
AKA
Vreemac, Moth of the Future
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Re: "Feds to judge: We still think we can put GPS trackers on cars entering US"
Posted by: max
Date: October 07, 2018 02:52PM
Quote
rjmacs
Looking for examples of the kind of terrifying and expanding executive power that the newest SCotUS justice will absolutely uphold?

Look no further.

Actually we should, you had no problems when Obama was pushing thvery same Police State policies, did you?

Quote

Obama Administration Argues No Warrant Required for GPS Tracking of Citizens
Monday, 04 June 2012
Obama Administration Argues No Warrant Required for GPS Tracking of Citizens
The federal government informed an appeals court on Thursday that it has the right and the power to place GPS tracking devices on the privately owned vehicles of citizens without obtaining a warrant. This is in open rebellion to a Supreme Court decision from January that held that such warrantless installation of tracking devices on cars was unconstitutional.




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"We know that no one ever seizes power with the intention of relinquishing it. Power is not a means, it is an end.
One does not establish a dictatorship in order to safeguard a revolution;
one makes the revolution in order to establish the dictatorship."
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Re: "Feds to judge: We still think we can put GPS trackers on cars entering US"
Posted by: rjmacs
Date: October 07, 2018 04:31PM
I have contested violations of civil liberties by all administrations regardless of party; I was against warrantless tracking then, and I'm against it now.

My comment has to do with the effect of the latest appointment to the SCotUS, however, and its effect on this type of case.



rj
AKA
Vreemac, Moth of the Future
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