Gov Can Gps Ur Car With No Warrant & Follow You

[+Jennifer8]

This case began in 2007, when the DEA 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. Nobody mentioned if his suspected marijuana growing was for suspected medicinal or suspected dispensary reasons either.

 

Read more: http://www.time.com/time/nation/article/0,8599,2013150,00.html#ixzz0y93ckub6'>http://www.time.com/time/nation/article/0,8599,2013150,00.html#ixzz0y93ckub6

 

 

Some of the judges at the U.S. Court of Appeals Ninth Circuit are disgusting......but at least Judge Alex Kozinski made his dissent (his disagreement) clearly understood in not liking the court's decision. I'm also thankful for judges on a bench who think like he does.

 

Argued and Submitted Oct. 5, 2009. -- January 11, 2010

Here is the case:

http://caselaw.findlaw.com/us-9th-circuit/1497005.html#footnote_ref_3

 

Here is,mainly, Judge Alex Kozinski's dislike of the ruling.

http://www.caappellatelaw.com/uploads/file/Pineda%20Moreno.pdf

 

This is what the case is all about without reading a lot of that boring stuff:

http://www.time.com/time/nation/article/0,8599,2013150,00.html

 

This is a case that said it was OK for the federal government to sneak onto your property, WITHOUT a search warrant, put a GPS tracker on your vehicle, or to whatever one would now assume can leave your property....and who knows what else...anyway, it says the federal government can track where you go without due cause, without a warrant, without caring about the 4th Amendment *unless you are rich*. This ruling also picks on lower income or simply poor people. That's right. If you are poor, you can forget about any expectation of being treated like a human being.

"Among the biggest casualties of the court's ruling is the Fourth Amendment to the U.S. Constitution, part of the original Bill of Rights, which just took some major damage. The Fourth Amendment states:

 

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."

 

Here is more from Judge Kozinski:

"Chief Judge Alex Kozinski, who dissented from this month's decision refusing to reconsider the case, pointed out whose homes are not open to strangers: rich people's. The court's ruling, he said, means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes. People who cannot afford such barriers have to put up with the government sneaking around at night.

 

Judge Kozinski's dissenting opinion is worth a read. There is some decent case law in both links of the case for those of you interested.

 

"Fortunately, other courts are coming to a different conclusion from the Ninth Circuit's — including the influential U.S. Court of Appeals for the District of Columbia Circuit. That court ruled, also this month, that tracking for an extended period of time with GPS is an invasion of privacy that requires a warrant. The issue is likely to end up in the Supreme Court." (that was taken from the article at this link http://www.time.com/time/nation/article/0,8599,2013150,00.html )

 

The U.S. Court of Appeals Ninth Circuit is out west, but still, this particular court attempted to do a lot of damage to citizens in the United States that many of these judges see as useless and meaningless to them, EXCEPT FOR THEIR VOTE, because poor people cannot do favors for them in politics or "financially".

 

I wanted to post this due to the federal raids wrongfully aimed at legitimate MM people in Michigan. Once the DEA finishes the medical marijuana they stole from prior raids, they may start wanting to come back for more, and as usual, without paying for it like honest citizens do.

 

Even if the feds or local LEO doesn't let it known that they USE a GPS tracker on your vehicle, they still can just to find out where you go, what is at the locations that you go to. It's completely unconstitutional, extremely invasive and rude!

 

For those of you who are still reading...WOW! but I wanted to share with you what the deal is when a judge dissents (disagrees) with the rest of the judges: "...the [dissenting judge] (the judge that disagrees with what's going on) hopes to arouse public opinion against the majority opinion."

http://www.answers.com/topic/dissenting-opinion