Tuesday, June 5, 2012

Obama Administration Argues No Warrant Required for GPS Tracking of Citizens

By Joe Wolverton | thenewAmerican.com | June 4, 2012 | [Original Article]

"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.

In a case being heard by the Ninth Circuit Court of Appeals, the Obama administration argued that since the Supreme Court’s ruling didn’t specifically mandate the obtaining of a search warrant in all situations, then the justices intended to leave a loophole open — a loophole large enough to mount a tracking device..." [Read More]

"...For its part, the Obama administration in its brief submitted to the Ninth Circuit argues that “requiring a warrant and probable cause would seriously impede the government's ability to investigate drug trafficking, terrorism and other crimes." Furthermore, following somebody’s every move via satellite is only a “limited intrusion” into his privacy.

Not surprisingly, the American Civil Liberties Union (ACLU) disagrees. In an amici curiae brief filed in the Pineda-Moreno case, attorneys for the ACLU argue: "The warrant requirement is especially important here given the extraordinary intrusiveness of modern-day electronic surveillance. Without a warrant requirement, the low cost of GPS tracking and data storage would permit the police to continuously track every driver."..."

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