Wisconsin court upholds GPS tracking by police w/o warrant

[RedRocket1647545505]

This is a little more than disturbing:

 

http://www.chicagotribune.com/technology/chi-ap-wi-gps-police,0,5867383.story

 

MADISON, Wis. -Wisconsin police can attach GPS to cars to secretly track anybody's movements without obtaining search warrants, an appeals court ruled Thursday.

 

However, the District 4 Court of Appeals said it was "more than a little troubled" by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.

 

As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights -- even if the drivers aren't suspects.

Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison.

 

That means "police are seemingly free to secretly track anyone's public movements with a GPS device," he wrote.

 

One privacy advocate said the decision opened the door for greater government surveillance of citizens. Meanwhile, law enforcement officials called the decision a victory for public safety because tracking devices are an increasingly important tool in investigating criminal behavior.

 

The ruling came in a 2003 case involving Michael Sveum, a Madison man who was under investigation for stalking. Police got a warrant to put a GPS on his car and secretly attached it while the vehicle was parked in Sveum's driveway. The device recorded his car's movements for five weeks before police retrieved it and downloaded the information.

 

The information suggested Sveum was stalking the woman, who had gone to police earlier with suspicions. Police got a second warrant to search his car and home, found more evidence and arrested him. He was convicted of stalking and sentenced to prison.

 

Sveum, 41, argued the tracking violated his Fourth Amendment protection against unreasonable search and seizure. He argued the device followed him into areas out of public view, such as his garage.

 

The court disagreed. The tracking did not violate constitutional protections because the device only gave police information that could have been obtained through visual surveillance, Lundsten wrote.

 

Even though the device followed Sveum's car to private places, an officer tracking Sveum could have seen when his car entered or exited a garage, Lundsten reasoned. Attaching the device was not a violation, he wrote, because Sveum's driveway is a public place.

 

"We discern no privacy interest protected by the Fourth Amendment that is invaded when police attach a device to the outside of a vehicle, as long as the information obtained is the same as could be gained by the use of other techniques that do not require a warrant," he wrote.

 

Although police obtained a warrant in this case, it wasn't needed, he added.

 

Larry Dupuis, legal director of the ACLU of Wisconsin, said using GPS to track someone's car goes beyond observing them in public and should require a warrant.

 

"The idea that you can go and attach anything you want to somebody else's property without any court supervision, that's wrong," he said. "Without a warrant, they can do this on anybody they want."

 

Attorney General J.B. Van Hollen's office, which argued in favor of the warrantless GPS tracking, praised the ruling but would not elaborate on its use in Wisconsin.

 

David Banaszynski, president of the Wisconsin Chiefs of Police Association, said his department in the Milwaukee suburb of Shorewood does not use GPS. But other departments might use it to track drug dealers, burglars and stalkers, he said.

 

A state law already requires the Department of Corrections to track the state's most dangerous sex offenders using GPS. The author of that law, Rep. Scott Suder, R-Abbotsford, said the decision shows "GPS tracking is an effective means of protecting public safety."

 

WTF?

[Buck531]

moral of the story.... don't stalk people.

[cptn janks]

so if i find this thing on my car and destroy it, would they bring criminal charges against me? or what if i threw it out the window on the freeway or something?

[Big A]

so if i find this thing on my car and destroy it, would they bring criminal charges against me? or what if i threw it out the window on the freeway or something?

 

Or put it on another car = WIN

[Solo Vette]

so if i find this thing on my car and destroy it, would they bring criminal charges against me? or what if i threw it out the window on the freeway or something?

 

After reading that story I can only assume you would have charges brought against you for destroying police property. This is scary, because once again it only shows who has control, and that police really are above the law.

Could I go and put a GPS on someone else's car? No, and if I found one on my car would throwing it out be damaging someone else's property? I don't know, I guess there are too many holes here left up to an officer's and/or a department's discretion???

[unfunnyryan]

they can already use OnStar to track you without a warrant, was only a matter of time before this shit started to happen.

 

Seriously, how good of a signal can one of these get under a car, or wherever they put it.

[Snowflake]

The police are not going to randomly start tracking people so if you not doing nothing wrong you got no worries...

 

 

Remember people the Police are here to help us....

 

**edited to show sarcasm**

[sol740]

Someone should install them on Police vehicles so we can track them.

 

 

The police are notbe going to randomly start tracking people so if you not doing nothing wrong you got no worries...

 

 

Remember people the Police are here to help us....

 

Same could be said about coming into your house and just having a look around, maybe sniffing your girls panties or you know, helping you.

[Snowflake]

for werd!

[RedRocket1647545505]

The police are not going to randomly start tracking people so if you not doing nothing wrong you got no worries.

 

Worst. Logic. Evar.

 

Someone should install them on Police vehicles so we can track them.

 

Same could be said about coming into your house and just having a look around, maybe sniffing your girls panties or you know, helping you.

 

I like the way you think. If they can tag ours, then I'd say we should be able to start tagging theirs...

[sol740]

for werd!

 

 

The panties thing ?

[Snowflake]

No the first part of your statement.

 

I have been partaking in an illegal activity while enjoying CR...

[RedRocket1647545505]

for werd!

 

Did not detect sarcasm in previous post. Disregard.

[Snowflake]

Just to clarify. I was being sarcastic in my first post.

 

Anyone that knows me knows I have a real special spot for the po po...

[Bobby Lee]

If you're a law abiding citizen, then what is the problem? They're not just slapping these things on random vehicles. They're doing it to people who've already been suspected of committing a serious crime. People need to quite freaking about all this "Big Brother" government crap. Uncle Sam doesn't give a rat's ass about any of you...

[87GT]

Trowa will start research and development into the tin-foil car gps mod. It will start at $99.99 installed. Guaranteed to block all wireless signal from inside and outside the car.

 

WARNING this may cause your cell phone and car gps to stop working. Trowa LLC will not be responsible for you breaking and government, state, and or local laws.

[87GT]

If you're a law abiding citizen, then what is the problem? They're not just slapping these things on random vehicles. They're doing it to people who've already been suspected of committing a serious crime. People need to quite freaking about all this "Big Brother" government crap. Uncle Sam doesn't give a rat's ass about any of you...

 

You are not American with this logic. Freedom means no one can track you even police without proper and legal means (search warrant). Go live in another country you terrorist. :bangbang:

 

p.s. you are not a terrorist but you need to think hard (like my penis) about your feelings on this subject

[Trouble Maker]

If you're a law abiding citizen, then what is the problem? They're not just slapping these things on random vehicles. They're doing it to people who've already been suspected of committing a serious crime. People need to quite freaking about all this "Big Brother" government crap. Uncle Sam doesn't give a rat's ass about any of you...

 

1) Why in the fuck did you come back again?

 

2) "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety"

[Bobby Lee]

I wondered how long it would take for that Ben Franklin quote to appear.

 

That being said, what are these devices TAKING away from the citizen? Which liberty are you specifically talking about?

 

They are not active means of controlling or prohibiting action. Nor do they harm citizens in any way. They are simply passive forms of monitoring. These GPS devices perform the same function as the federal government's form of tracking... like credit card transactions, satellite imagery, and cell phone tracing. It is just another way to keep honest people honest, and provide undeniable proof against people already commiting serious crimes. On top of that, these little devices also allow local law enforcement agencies to do with a few officers what would normally take dozens. Rather than having multiple police officers stake out a suspect's house (which they would do anyway if they didn't use GPS) and follow them around town, placing one of these devices on the suspect's vehicle saves the department tens if not hundreds of man hours. Ultimately saving the tax payer (that's you) money.

[Miller]

Someone should install them on pet store gerbils to see how many of them wind up in officers assholes.

[SpaceGhost]

Fucked up. I just added another layer to my tin foil hat.

[Solo Vette]

I wondered how long it would take for that Ben Franklin quote to appear.

 

That being said, what are these devices TAKING away from the citizen? Which liberty are you specifically talking about?

 

They are not active means of controlling or prohibiting action. Nor do they harm citizens in any way. They are simply passive forms of monitoring. These GPS devices perform the same function as the federal government's form of tracking... like credit card transactions, satellite imagery, and cell phone tracing. It is just another way to keep honest people honest, and provide undeniable proof against people already commiting serious crimes. On top of that, these little devices also allow local law enforcement agencies to do with a few officers what would normally take dozens. Rather than having multiple police officers stake out a suspect's house (which they would do anyway if they didn't use GPS) and follow them around town, placing one of these devices on the suspect's vehicle saves the department tens if not hundreds of man hours. Ultimately saving the tax payer (that's you) money.

Ok, now I will agree with you on the fact that they are passive forms, however two things; 1. They are not undeniable

proof, just the same as credit cards are not. i.e. someone else is driving your car, or using your card, there has to be visual evidence. 2. Whatever happened to catching someone in the act? Is that not what the police tell you when your shit gets stolen? Ok so they are going to put a device on a car and build a case based off of the info on the device, but no visual evidence. I don't know about that. 2. I do not know about saving the taxpayer money, maybe...However the officers are still going to be on duty, maybe just able to cover other things.

Not trying to pose an arguement, just pointing out the opinion of one moron taxpayer.

I'll also agree they do help keep honest people honest. I do not see how they take any liberties either. I just think the line has to be drawn somewhere.