Comments on: How can the police legally put a GPS tracking device under your car without a warrent?

By: JSCLRI

JSCLRI — Sat, 24 Jul 2010 06:32:40 +0000

The issue was decided by the U.S. Supreme Court in two cases in the early ’80s (NOT by the Patriot Act).

The Court had previously stated that warrants are only required whenever police action invades a person’s privacy (this is an oversimplification, but it suffices for our purposes here).

- In the first case, the Court decided that a driver’s movements on public roads are NOT private, since a driver could be followed by another vehicle instead of by a tracking device – so no warrant is required to track a vehicle driving on public roads with such a device.
- However, in the second case, the Court ruled that EVERYTHING that happens inside a home IS private (including one’s movements inside the home), so tracking a person or object inside a home requires a warrant.
- The second case also held that simply installing a tracking device (as opposed to USING it) doesn’t reveal any information at all (private or not), so mere installation does not require a warrant, either.

About cell phones being used as tracking devices, check out this NYTimes article:
http://www.nytimes.com/2007/07/16/nyregion/16cell.html

Hope that helps!

By: pathfinder

pathfinder — Sat, 24 Jul 2010 05:38:08 +0000

No they CANNOT, and evidence gathered against you as a result is invalid in court..

By: Reston

Reston — Sat, 24 Jul 2010 04:57:32 +0000

It has nothing to do with the Patriot Act, the practice has been used since the late 70′s. It has been upheld by the Supreme Court. There is no search involved, a search means to look into a closed area. As long as the tracking device is placed on a vehicle licensed by the state to traverse public roadways, it is perfectly legal. And yes if you find it you can do what ever you want with it. Oh yea, if you have a fast-pass you already have the transmitter.

By: jonn449

jonn449 — Sat, 24 Jul 2010 04:01:34 +0000

If its your car, and you know its there, and there isn’t a court order for it to be there, rip it out!

By: nileslad

nileslad — Sat, 24 Jul 2010 03:27:18 +0000

No real need to these days. If you carry around a cell phone, it would serve the same function, whether it’s on or off. You’re more likely to stick close to your cell than your car if they’re after you.

By: John J

John J — Sat, 24 Jul 2010 02:47:36 +0000

Under the President’s “Third Reich” regime, anythings possible…

By: USuck79

USuck79 — Sat, 24 Jul 2010 01:53:37 +0000

As if the government can’t track who ever they want when ever they want. I am sure they do it all the time without anyone ever knowing.

By: milo

milo — Sat, 24 Jul 2010 01:46:20 +0000

Believe me, I got one in my car. They can put that device to anyone who is suspected of doing illegal thing !!!

By: VermilionPhoenix

VermilionPhoenix — Sat, 24 Jul 2010 01:10:50 +0000

I’ve never heard of that being done, but I suppose if you’re a known drug dealer or car thief, it’d be fine for them to do so…

By: B. D Mac

B. D Mac — Sat, 24 Jul 2010 00:58:24 +0000

If they used the Patriot Act they can pretty much do whatever they want.