Sunday, January 9, 2011
Should GSP trackers be used without a warrant?
A recent college student in California discovered a GPS tracker that was secretly attached to his car by the FBI. Once it was removed he posted it on the Internet to find out what it was and got a surprise visit from the FBI requesting that it be returned. Now the question to eventually be answered by the Supreme Court is was is legal for the FBI to attach a GPS tracker to his car without a search warrant. His case has gone through several Federal and state courts, all with varying conclusions. Some judges view that using the tracking device for over a month to track his movements as an invasion of privacy because it is unlikely that all of the movements that were recorded over the month's surveillance wouldn't have been observed without the use of the tracking device. Courts in Washington, New York and Oregon have come to the same conclusion. Law enforcement agencies advocate using the devices because they save time, money and help build cases without the use of long stakeouts and valuable resource. Some believe that GPS trackers aren't included under the 4Th Amendment against illegal search and seizure as long as the search takes place in a public places. Roads are public places but what if the suspect or targeted person goes home? Whatever the eventual ruling by the Supreme Court it will have long term effects on how criminals, and even those perceived as criminals are tracked, and how that information is used in cases against them in court, if they do committ a crime. Do you think using the GPS trackers are a violation of privacy? Could it be used as way to unfairly target a person or a certain group?
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Although a tracking device could be used unfairly it is also helpful with a person if interest.
ReplyDeleteShea Jordan
why was this individual tarteted? what did he do to get this put on his vehicle? tonya
ReplyDeleteI only think the tracking devices should be used only if the person knows about it. Or atleast knows they're under investigation. To do that without someone knowing or even knowing they're being looked into is an invasion of privacy in my opinion.
ReplyDeleteANDREW GOSSETT
gps trackers could be a violation of privacy, but we really don't have much privacy in america anymore. if there is enough probable cause to do this, i would say it's ok but limit the intrusion. tonya
ReplyDeleteThat's a good point.
ReplyDeleteShea
Yeah thats a good point.
ReplyDeleteANDREW GOSSETT
If they have a reason to do this I think that it would be OK, but then again they should not do this with out a warrent,because it is violating their privacy
ReplyDeleteHannah Long
2 Sides to this/ for imergency type of situation i think it would be good to have a gps so that if in a situation needing medical attention you could aquire that with little effort/ though from the criminal side i would hate to know that im being watached more than i am already and great.. thats just what i need more paranoia added on to my issues
ReplyDeleteIsaac White
but you wouldn't know this was on the vehicle or that you were being targeted. he just happen to find it & post it online & hello visit from the FBI! tonya
ReplyDeleteOur Gov. Is Already CORRUPTED!!! no use in fixing it now =D
ReplyDeleteIsaac White
i agree with hannah long!
ReplyDeletediana m.
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ReplyDeleteThis is wrong. Tracking someone's movements is an invasion of privacy.
ReplyDeleteBenjamin B.
i agree with hannha. i think it would be ok as long as the person knows they're being tracked.
ReplyDeleteIn this situation the gps tracker seems to be an intrustion on dudes fourth admendment right of illgeal search and seizure, however if a person is being research by the FBI to protect the honor and integrity of the united states thats a differnt story i feel as if this tracker was important to locate a hostile threat its nessicary and it seems like informing the person of intrest would be the last thing to do but these gps trackers should most def not be used by anyone else than the FBI
ReplyDeleteTravis Wood
I agree with Hanna
ReplyDeletei belive that they should have to have a warrant to put a gps on someones car. thats like invading someones life and knowing what they do all day.
ReplyDeleteNick Simmons
i agree if there is sufficient edivence for the gps tracker then I say go for it. I do believe
ReplyDeletein privacy but a lot of crimes are done in private, especially against children.
Stephanie Hampton
i agree with Stephanie
ReplyDeletecause they are alot of bad things that happen in private
I think it's an invasion of privacy... kinda scary that they do that kind of stuff, if you ask me...
ReplyDeleteBethany Halloran
I do agree with Travis's post too though. I think they definitely need to have a very good reason to track someone like that, and this poor guy seemed innocent enough.
ReplyDeleteBethany Halloran
I agree that parents should be able to view their kids facebook file. What are the kids into that has to be so private. If they are ashamed to let the parents in on their personal life then what exactly are they getting themselves into anyway? I believe in right to privacy also but, only when your an adult. All parents should have complete access to their child's personal life/home life. Meagan Allen
ReplyDeleteI agree with Travis. You can be arrested without a warrant, so why should you need a warrant to be investigated by the FBI?
ReplyDeleteMegan Cantrell
Considering the nature of the device, the implementing of a GPS would only identify his location, nothing more. His privacy wouldn't really be invaded, and as far as such investigations go, the results wouldn't be released unless they confirmed anything of substance; thus, none of his rights would have been violated. This of course is under the assumption that they had probable cause to use such a method, thereby implying that the rule of law was followed (aka the red tape).
ReplyDeleteJonathan
There are a lot of great comments here. Yes, its a very sticky subject. I agree that I don't want the gov't to know my every move. Law enforcement agencies are suppose to be using this method only if there is enough suspicion that the individual may be involved in illegal activity(ie part of a drug ring, or may have ties to possible terrorist groups). I don't think the gov't is neccessarily corrupt but I do questions some of their motives. I do believe that with probable cause the use of the gps to see if it leads to a getting information that can stop a terrorist group, prevent a large shipment of drugs from being sold on the streets, prevent human trafficking, prevent children from being hurt by molesters and their pictures traded then by all means use it. They aren't searching their property or seizing property all which is covered under the 4th Amendment, just using an electronic method to keep tabs on them. Criminals use sophisticated ways to committ crimes so why shouldn't those that try to stop the crimes. I agree with Jonathan that the rules of investigation should reach a point where this is beneficial and not a shortcut without probable cause.
ReplyDeleteI don't think it should be used for an extended period of time. How long was the tracker on his car until he realized it? Because if weeks or months go by, and there is still no evidence, I think it's about time to call it quits. There is nothing wrong with wanting to track someone's movement, they have them on cellphones now, but for a government agency to put a tracker on an individual for no apparent reason or any proof that they have even found anything is a bit ridiculous. -Annamarie Guitreau
ReplyDeletei agree with isaac w. because...look at our government! seems pretty self explanatory to me. annamarie g.
ReplyDeleteI believe that the unwarrented use of a tracking device could be an invasion of privacy. Unless, there is sufficient evidence to support that the person being tracked is suspect in an ongoing investigation.
ReplyDeleteAustin Hewitt
I dont think that GPS systems should be used by any federal agencies without a warrant. that is invasion of privacy...without a warrant thats basically invading their space without probible cause. it can be used unfairly in any situation. if that person doesnt know they are being watched then how is that obeying the the citizens right? -nicole d.
ReplyDeletei think if we were to use the gps for certain reasons it should be for terrorist and not just because someone is they are of a certain race or gender or religion they should have to meet certain criteria in order for the FBI to be puting a gps on them without knowledge
ReplyDeleteJennifer Seay
i agree with hannah. if they had a reason to put a gps tracking system in his car then maybe he wouldnt have taken it that far, but otherwise it should have never been done.
ReplyDelete-Nicole D>
I agree with Andrew. A warrant is needed to initiate the use of a tracking device.
ReplyDeleteAustin Hewitt
Did the FBI have an evidence or reason to put the GPS on his car? If not, i think it is an invasion of privacy and the FBI should have to have a warrant. The car was at his house most of the time, therefore they do not have the right to put the tracker on the car.
ReplyDeleteLogan Shropsheir
I am not sure what this college student did, but if he was a suspect in a crime, he should have assumed that he would be watched by the cops. I still do not like the fact that they put their own tracker on his car; they could have used the GPS that was already on the car (that is if he had one). If you buy a car with GPS it is for your own safety, and if you have something to hide don’t get one. Elena Kisel.
ReplyDeleteI agree with Jennifer, dont waste time putting a GPS on an average persons car that hasnt committed a crime. Go after terrorists and criminals.
ReplyDeleteLogan Shropshier
First of all, Why was the tracker on his car period? Did he commit a crime bad enough to have a GPS tracker placed on his car? If so then maybe it's a good idea, but if he did nothing wrong or commited something that should not have that level of punishment, then no I don't belive the tracker should be on his car. Ether way, it's hard to fight a problem like this against the FBI, or government for that matter. If the person is under watch like this from the FBI he obivioulsy is doing something suspicious. While it does violate some of your privacy, in the end they are just trying to protect our homeland.
ReplyDeleteCorey Taylor
I feel that it depends on the crime. If the person is suspected of murder or drug dealing, it may be understandable. But where would this end if it is allowed, would we have any privacy. If this is allowed, then the next thing would be our home.
ReplyDeleteSusan Padgett
I think that it is an invasion because even though it may catch some criminals, it is treating everyone like they are a criminal.What if the person being followed is really a law abiding citizen? What if this causes some scene? It could be damaging to a person or child who unknowingly has been followed. It could also be damaging to a business as well whether or not they, too, were involved. I understand that it would save money and time, but at whose expense?Who really determines who is needed to be tracked?
ReplyDeleteSherry Lollis
I don't think a GPS should be put on someones car without them knowing about it. That is an invasion of privacy. Also what if the car gets damaged in the process of them putting the GPS on the car,and the person is not even guilty. There are other ways on catching someone if they are guilty of a crime.
ReplyDeleteYavette Davis
I agree with Annamarie Guitreau i believe they should have reason to put it on your personal property and it should only be for a certain amount of time
ReplyDeleteJennifer Seay
Using GPS devices on a vehicle without a warrant is a direct 4th Amendment right. Regardless of time and effort saved by utilizing recent technology, it is still without the knowledge of the person being targeted. It would save time and money for police to go into a person's home to search based on reasonable suspicion without a warrant, but because of the rights outlined for U.S. citizens, they cannot go into a home without prior approval. This takes time waiting on getting an approval on the warrant from the judge, and money spent collecting proper evidence to gain a warrant. It cannot be compared because it is public. It is still personal property being tracked against citizen rights.
ReplyDeleteTina Inman
I agree with Annamarie Guitreau. There are GPS trackers on many things these days, so if you expect some sort of privacy, you should have lived in the middle ages ;-). Elena Kisel.
ReplyDeleteI agree with Elena, if the person is doing something wrong they my as well realize they're going to be watched by the FBI. Don't make a huge hissy fit about it if they had probable cause to place the tracker on his car.
ReplyDeleteCorey Taylor
I agree. I think that if you don't know you're being investigated it's entrapment.
ReplyDeleteMelissa Ochiltree
I agree with you Susan P, because really once you give someone an inch, they tend to take a mile. You never know where this would lead. Like all things, it would be the begining of the end for some of your rights.
ReplyDeleteSherry Lollis
I personally don't think a tracking device should be used to track anyone without them knowing about it. It certainly is an invasion of privacy, to say the least. Yes, it helps build cases and takes the place of long stakeouts but that's part of a police officer's job ; TO PROTECT AND SERVE THE COMMUNITY!..without putting our rights as an American citizen at stake. Secondly, what if the FBI had placed that GPS tracking device on a completly innocent person? If enforcement starts using this method more often, I see lawsuits in the near future. Our government gave us the right to privacy,I would like to hear their reasoning as to them taking that right away.It's slowly but surely happening.
ReplyDeleteAMBER MILLS
I agree with Corey, if the person hasnt committed a crime than he shouldnt have to worry about and make a big deal about it.
ReplyDeleteLogan Shropshier
I agree with Jennifer. We should not give up our privacy in allowing this for just any reason. You should have a warrant. This eliminates the FBI from invading privacy.
ReplyDeleteSusan Padgett
I agree with Benjamin B. It is just wrong to Track someone's movements it is an invasion of privacy.
ReplyDeleteYavette Davis
Logan has a point. They do have to have probable cause/evidence to place the GPS device on his. Most likely they found out his was doing something suspicious, because the FBI doesn't just watch people for the fun of it. I mean it is the FBI, I don't think they have the time to watch people for they're own pleasure.
ReplyDeleteCorey Taylor
I agree with Susan. If this is permissable as a way for police to gain evidence, where is our right to privacy? Even with a law and rules outlined for using this technology allowing this in investigations, there will still be the ability for the government to utilize this for their own 'suspicions' that will be hard to fight in courts because of the inevitable 'loop-holes' that are presented when a court brings a suspected criminal to trial.
ReplyDeleteI am agreeing with Yavette. There are many ways to catch people these days.
ReplyDeleteJonathan Bobo
i heard about this story on the news about college student discovering a tracking device by the FBI was placed on his car in California. Without probable cause and legal rights such as a warrant, The device should not have been on his car. that is an invasion of privacy and not enough evidence or suspicious activity for the FBI to have rights to track an individual.
ReplyDeleteTyrone Davis
I'm not one-sided on this subject at all. There's a good arguement for both sides.I agree with those of you who are totally FOR the GPS tracking, as well as those of you who don't. Valid points are being made left and right. I can't really argue with anyone :)
ReplyDeleteI disagree with Elena Kisel. Indeed there are many device we use today that are technical "tracking device" but have an benefical aspect to them like a gps in which you are aware of it tracking or following your location. Now when it comes down to being monitored how does that change your view if it was a tracking device from the fbi and a garmin gps. i bet would not be at ease. Tyrone Davis
ReplyDeleteI'm not one-sided on this subject at all. There's a good arguement for both sides. I agree with those of you who are totally FOR the GPS tracking, as well as those of you who don't. Valid points are being made left and right. I can't really aregue with anyone :)
ReplyDeleteAMBER MILLS
If there is cause for the use of a GPS tracker I would say its fine. Then again we all know what happens and they would get abused, then before you know it ever one is using them to track the movements of boyfriends, girlfriends and even parents and there kids. They say it saves money on stakeouts but at least with a stakeout you can see what the person is up to and not just where they have been. So I am against using them.
ReplyDeleteNick Jolly
I agree with Elena Kisel. There are many ways to catch criminals these days. Letting the FBI or any other agency put these devices on your property would get abused. Figure out another way genius.
ReplyDeleteNick Jolly
I feel that was a violation of privacy. If the FBI are going to install GPS trackers on a persons car, then it should be legal before they start installing trackers.
ReplyDelete