Property Rights

[RWebb]

the Supreme Court of Massachusetts recently held that police may not place GPS tracking devices on cars without first getting a warrant, reasoning that the installation of the GPS device was a seizure of the suspect's vehicle.

'when an electronic surveillance device is installed in a motor vehicle, be it a beeper, radio transmitter, or GPS device, the government's control and use of the defendant's vehicle to track its movements interferes with the defendant's interest in the vehicle notwithstanding that he maintains possession of it.'

- Commonwealth v. Connolly

[jyl]

No argument here.

[RWebb]

actually, I'd have worked up a privacy right based on the 4th Amend.

but hey...

[TSNAPCRACKLEPOP]

so what about on board computer/recorders?

[m21sniper]

Originally Posted by RWebb

the Supreme Court of Massachusetts recently held that police may not place GPS tracking devices on cars without first getting a warrant, reasoning that the installation of the GPS device was a seizure of the suspect's vehicle.

'when an electronic surveillance device is installed in a motor vehicle, be it a beeper, radio transmitter, or GPS device, the government's control and use of the defendant's vehicle to track its movements interferes with the defendant's interest in the vehicle notwithstanding that he maintains possession of it.'

- Commonwealth v. Connolly

Nice to see a judge side with the people once in a while.

[john70t]

Tell that to potential GM customers who want to buy American but don't want Onstar. The means of the customer to identify seperate and remove all data collecting/transmisson hardware from their persons and possesions should be a law.

[Porsche-O-Phile]

But they can have so many cameras and surveillance outposts all over the place that they know where you are at all times, effectively (at least in urban areas).

Also, what about most cell phones having passive listening capability and/or GPS capability that can be activated without the owner's knowledge (or even the device being powered on!) Is this considered illegal under the blanket of this ruling too?

[Porsche-O-Phile]

Originally Posted by john70t

Tell that to potential GM customers who want to buy American but don't want Onstar. The means of the customer to identify seperate and remove all data collecting/transmisson hardware from their persons and possesions should be a law.

Not with the advent and growing popularity of RFID. Those things are starting to pop up EVERYWHERE - in areas you wouldn't really expect too.

[pwd72s]

Then there is the Oregon program being pushed...GPS in ALL cars. Of course, for the purpose of collecting road taxes only. Florida also seems to be pushing this, according to info on a Mustang board.

[john70t]

4th Ammmendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,..."

[Rick Lee]

Originally Posted by john70t

4th Ammmendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,..."

Are you under the impression the BOR still means something? How do sobriety checkpoints comport with the 4th Amendment?

[sammyg2]

Originally Posted by RWebb

actually, I'd have worked up a privacy right based on the 4th Amend.

but hey...

Agreed. Unwarranted and unreasonable search.