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Old 08-27-2010, 12:28 PM
 
Location: 112 Ocean Avenue
5,706 posts, read 9,636,492 times
Reputation: 8932

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Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway — and no reasonable expectation that the government isn't tracking your movements.
That is the bizarre — and scary — rule that now applies in California and eight other Western states

The Government's New Right to Track Your Every Move With GPS - TIME

Before getting in your car and buckling up, check underneath it first.
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Old 08-27-2010, 12:40 PM
 
11,715 posts, read 40,463,512 times
Reputation: 7586
9th Circus Court of Appeals strikes again.

That would be a real shame if some government agents got shot while trespassing on someone's property at night without a warrant.
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Old 08-27-2010, 01:00 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,050,321 times
Reputation: 13472
This has been in controversy for quite a while now. I believe the 9th allowed this to stand due to the government's probable cause of Pineda's drug involvement. I do however, believe that once this goes to SCOTUS, the ruling will be that a warrant must be obtained in order to attach GPS to one's personal property, or to enter upon the real property of a person in possession of said real property.
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Old 08-27-2010, 01:28 PM
 
Location: Declezville, CA
16,806 posts, read 39,961,475 times
Reputation: 17695
**Fontucky patiently awaits the inevitable posts that state "if you're not guilty of something then you have nothing to worry about"**

Taps foot... tap tap tap...
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Old 08-27-2010, 01:32 PM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,116 posts, read 12,607,839 times
Reputation: 8687
Quote:
Originally Posted by Fontucky View Post
**Fontucky patiently awaits the inevitable posts that state "if you're not guilty of something then you have nothing to worry about"**

Taps foot... tap tap tap...
While i SOMETIMES take that stance .. this is a scary issue.

If my car is parked on the curb on a public street, is it ALSO legal for someone to break in? After-all, i should have no expectation of privacy if my car is not in a garage.
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Old 08-27-2010, 02:11 PM
 
Location: Coachella Valley, California
15,639 posts, read 41,050,321 times
Reputation: 13472
Quote:
Originally Posted by 1200RT View Post
While i SOMETIMES take that stance .. this is a scary issue.

If my car is parked on the curb on a public street, is it ALSO legal for someone to break in? After-all, i should have no expectation of privacy if my car is not in a garage.
What you are talking about is a statutory crime. Just a tad different than a violation of one's 4th amendment rights.
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Old 08-27-2010, 02:19 PM
 
Location: SW MO
23,593 posts, read 37,495,600 times
Reputation: 29337
Hmmm! Doubt it will happen here and sure it will be overturned. Our car is garaged. The garage is attached. Breaking into our garage would be the same as breaking into our house, and probably noisier. We live in a state with a firm Castle Doctrine. No need to explain a dead federal agent in my garage if he/she doesn't have a warrant and hasn't knocked and announced. End of discussion!
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Old 08-27-2010, 02:27 PM
 
Location: 112 Ocean Avenue
5,706 posts, read 9,636,492 times
Reputation: 8932
For about a hundred dollars or so you can get a driveway sensor alarm.

For a few bucks more, a pitbull to go with it.
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Old 08-27-2010, 02:30 PM
 
Location: Declezville, CA
16,806 posts, read 39,961,475 times
Reputation: 17695
I already have the pit bull. Unfortunately, she's a wiggle-butt, people loving sweetheart like 99% of the breed are.

EDIT: On second thought, change "Unfortunately" to "Fortunately".
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Old 08-27-2010, 02:58 PM
 
Location: Sacramento
14,044 posts, read 27,229,470 times
Reputation: 7373
Added to title for clarity.
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