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4th Amendment & GPS Are we secure in our travels?
In a recent case: US v Antoine- Jones 08-3034
http://courtlistener.com/cadc/Voz/united-states-v-...
The DC court kick the can down the road a bit. Traveling by car does not have an expectation of privacy, but under Silverman v. United States, 365 U.S. 505
http://caselaw.lp.findlaw.com/scripts/getcase.pl?c...
Police planting the GPS should have had a warrant.
My question, if the gov't via the NHTSA ordered that all vehicles be equipped with a GPS until under the pretext of auto thief prevention, would then the police need a warrant to track anyone?
Cell phone in the US are required to have a GPS emitter under the pretext of 911 location but the chip is always on and not only when you dial 911.
Would a safety mandate remove the need for a warrant to track an individual?
Can the government intercept all cell phone conversations without a warrant?
Goldfly2 --- Yes, you are following US v A-J above on following one car. But with a required GPS, a bot could be programmed to follow all cars since like phones an IP addresses, is unique to each car which could be followed by computers, then it is just a matter to break the victim of the crime/frame-up/intimidation by the police. If done by the fed, even if empty, the citizen will be guilty under 18 US 1001
The No Expectation of Privacy would be Extended. The lapdogs in the media would sell the public on why are you seeking to hide.
2 Answers
- ?Lv 710 years agoFavorite Answer
IF the Govt required that all cars have a GPS(and how many want OnStar and such that do just this?) then this issue would come up again. The problem is that so many fools would go along with it. Soon we would have no privacy, as we are already going to. The idea though is the police could sit around and follow your car, so ONE car isn't as big of an issue as if it came to EVERY car.
- ?Lv 410 years ago
I, not being a lawyer, would believe that if the government requires GPS units in vehicles, then like the "pen register" with phone calls, Law Enforcement will have blanket access to your incoming and outbound calls. I find it funny that liberals especially liberals like to speak about the right to privacy when it comes to the murder of foeti but refuse to believe the concept of privacy also applies to how much you have, where you have been, or with whom you are with