Wisconsin police can attach GPS to cars to secretly track anybody’s movements without obtaining search warrants, an appeals court ruled Thursday.
However, the District 4 Court of Appeals said it was “more than a little troubled” by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.
As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights — even if the drivers aren’t suspects.
Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison.
That means “police are seemingly free to secretly track anyone’s public movements with a GPS device,” he wrote.
One privacy advocate said the decision opened the door for greater government surveillance of citizens. Meanwhile, law enforcement officials called the decision a victory for public safety because tracking devices are an increasingly important tool in investigating criminal behavior.
Welcome to the Police States of America, where the police do not have to obey the law, because they ARE the law.
Now the courts are in on it. So much for separation of power between the Judiciary and the Executive branches.
MikeN — Learn before you speak. Ever hear of a remand…?
Can I charge the police with vandalism to my vehicle?
#23 – If anything gets damaged while removing the device, I would say so.
I disagree with the courts reasoning and logic. Placing a GPS device on a vehicle is a search. Is not a search for information, also a search. You may not be physically searched, but you are being searched nonetheless. I view it the same as a planting a listening device. The vehicle is private property and the information gleaned in tracking the vehicle can be used against you in a future court case. Just because it is mobile does not mean the same rules do not apply.
Don’t they already do this by hacking our cell phones? Is this a cover up for how “lucky” they already are?
I agree with #25, Judge is wrong, this is a clear violation of the 4th amendment.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Basic English grammar says that “against unreasonable searches and seizures” is REDUNDANT term. It is not even necessary!
It could just as easily be phrased “The right of the people to be secure in their persons, houses, papers, and effects, shall not be violated.”
Furthermore, the phrase “secure in their persons” is the late 18th century way of saying RIGHT TO PRIVACY. (In the 18th century, the “right to privacy” meant the right to use the toilet — aka “privy” — by yourself, and no one thought it necessary to put it in the constitution.)
Being tagged by a GPS device is clearly a violation of privacy, thus requires a warrant and probable cause etc.
So where is the technology to defeat this crap? I would see a whole industry of gps jammers as well as tech to defeat those blasted red light cameras popping up.
I assume that the GPS unit must transmit on some frequency so you can be tracked. This is helpful in detecting and locating the device. If the device is only recording the info for later retrieval, detection would be much harder.
But if you do find the device on your vehicle, is it not now yours to do with as you please. If a person leaves a flyer on my windshield, I am free to throw it away. If someone places a bumpersticker on my car without my consent, I am free to remove it even though the removal will destroy it.