Liberal 9th Circuit Rules that the Government can track Citizens with GPS and without a Warrant

Liberal 9th Circuit Rules that the Government can track Citizens with GPS and without a Warrant Scotty Starnes | August 27, 2010 at 5:00 AM | Tags: 4th Amendment, 9th Circuit Court, constitutional rights, government, GPS, judicial activism, liberal activism, U.S. Court of Appeals for the Ninth Circuit, US Constitution, warantless searches | Categories: Uncategorized | URL: http://wp.me/pvnFC-2pS

Constitution? The Constitution means nothing to liberals and in particular the liberal 9th Circuit Court. They just ruled that the government can invade your privacy by placing GPS tracking systems on your vehicle and to top it off, they don't need a warrant. This goes against every American's 4th Amendment Rights.

'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.'

TIME reports:

Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway - and no reasonable expectation that the government isn't tracking your movements.

That is the bizarre - and scary - rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants - with no need for a search warrant. (See a TIME photoessay on Cannabis Culture.)

It is a dangerous decision - one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell. It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich.

This case began in 2007, when Drug Enforcement Administration (DEA) agents decided to monitor Juan Pineda-Moreno, an Oregon resident who they suspected was growing marijuana. They snuck onto his property in the middle of the night and found his Jeep in his driveway, a few feet from his trailer home. Then they attached a GPS tracking device to the vehicle's underside.

After Pineda-Moreno challenged the DEA's actions, a three-judge panel of the Ninth Circuit ruled in January that it was all perfectly legal. More disturbingly, a larger group of judges on the circuit, who were subsequently asked to reconsider the ruling, decided this month to let it stand. (Pineda-Moreno has pleaded guilty conditionally to conspiracy to manufacture marijuana and manufacturing marijuana while appealing the denial of his motion to suppress evidence obtained with the help of GPS.)

In fact, the government violated Pineda-Moreno's privacy rights in two different ways. For starters, the invasion of his driveway was wrong. The courts have long held that people have a reasonable expectation of privacy in their homes and in the "curtilage," a fancy legal term for the area around the home. The government's intrusion on property just a few feet away was clearly in this zone of privacy.

The judges veered into offensiveness when they explained why Pineda-Moreno's driveway was not private. It was open to strangers, they said, such as delivery people and neighborhood children, who could wander across it uninvited. (See the misadventures of the CIA.)

Will the Obama administration come out against this ruling? Obama's ice cream analogy would fit this perfectly. I can see it now...Obama: "People shouldn't have  to be afraid of being tracked while taking their family to get ice cream." Obama should know about the 4th Amendment, he is a 'constitutional scholar."

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