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The 4th Amendment?
(Posted by Dannytheman)
I often conduct unofficial surveys if my interest in a particular subject rises to craziness. Lately I have been asking people how they feel about the 4th amendment of the Constitution. In case you don't have them all memorized, I will refresh your memory.
"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."
Now that you have read it, and feel free to go back and review it again, let me ask you some questions, there will be only 2.
1) If "I" were to place 2 GPS trackers on your car, would I be violating your privacy?
2) If Law Enforcement placed 2 GPS trackers on your car, would you be OK with that?
In the number one question you might file charges and think I was a stalker.
In the number two question, this is exactly what police did to an innocent man because they "suspected" him of drug crimes? No warrant needed.
Law Enforcements position is that the roadway are public property and they can track anyone they want, and it has been upheld by some courts incredibly.
Go to the link below for more on the remarkable history of this case, and then think about ho Orwellian it is, 1984?
4th Amendment violation?
It truly scares me that the Supreme Court of the United States (SCOTUS) has to make a determination in this case. We will not know until Spring of 2012 how they will rule.
The SCOTUS asked many questions that lead me to believe they are siding with the defense, but no one truly knows.
Day by day we give slivers of our freedoms away. Big Brother is here, and he is fighting to know your every move!
"Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed."
Martin Luther King, Jr.
I often conduct unofficial surveys if my interest in a particular subject rises to craziness. Lately I have been asking people how they feel about the 4th amendment of the Constitution. In case you don't have them all memorized, I will refresh your memory.
"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."
Now that you have read it, and feel free to go back and review it again, let me ask you some questions, there will be only 2.
1) If "I" were to place 2 GPS trackers on your car, would I be violating your privacy?
2) If Law Enforcement placed 2 GPS trackers on your car, would you be OK with that?
In the number one question you might file charges and think I was a stalker.
In the number two question, this is exactly what police did to an innocent man because they "suspected" him of drug crimes? No warrant needed.
Law Enforcements position is that the roadway are public property and they can track anyone they want, and it has been upheld by some courts incredibly.
Go to the link below for more on the remarkable history of this case, and then think about ho Orwellian it is, 1984?
4th Amendment violation?
It truly scares me that the Supreme Court of the United States (SCOTUS) has to make a determination in this case. We will not know until Spring of 2012 how they will rule.
The SCOTUS asked many questions that lead me to believe they are siding with the defense, but no one truly knows.
Day by day we give slivers of our freedoms away. Big Brother is here, and he is fighting to know your every move!
"Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed."
Martin Luther King, Jr.
posted by Spencerblog at
8:16 AM
11 Comments:
FYI, in Pa police need a warrant for this. Pa's constitution is more restrictive, and police need to follow both the US and PA constitutions. This is also true of vehicle searches.
So if cops in say, California, put on a GPS tracker on a car there, and the person owning the car drives to Pennsylvania, would the California Law Enforcement be breaking a PA law?
Or would they just have to redact any tracking they did in Pa?
Hmmm, that's a very good question, and I'm not sure of the answer to it. I'll see if I can look into it and get back to you.
Danny - How soon do you need an answer on this? LOL
Thanks for this post, Danny, and thanks too to Spencerblog for posting it... It is indeed a very frightening situation. If the SCOTUS gives sanction to this type of activity we are indeed on a very slippery slope as regards the 4th Amendment... 1984 here we come... And, Bob, we don't need an answer until the SCOTUS gives us an answer. You're either playing dumb with the question or you have not been paying attention...
P.S. to Bob Bohne: As it was in the beginning, thus it shall ever be...
Anon - Dumb? Well, at least you've finally figured out who's posting what. Now you can work on getting the jokes.
The lines get tight as jurisdictional changes occur and are usually spelled out in a warrant. No warrant? What rules?
Bob, we don't know for sure who Anon is at any time. It is just the default if people don't put in a name.
Happy Veterans Day, heading to the Parade at 10:30.
Danny - Thanks for pointing out the obvious. I'm aware of that, but every now and then you can zero in on a specific writing style. This one was quite obvious.
You're more intuitive than I am. I only notice if Gil was drinking when he types!! LOL
Danny - yea. That too. LOL
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