Get Our Newsletter



Links

Columnists



Site Search


Entire (RSS)
Comments (RSS)

Archive Calendar

January 2020
S M T W T F S
« Dec    
 1234
567891011
12131415161718
19202122232425
262728293031  

Guides

How to Become a Bounty Hunter



Tag: warrantless

ACLU Lashes Out at FBI for Refusing to Release Details of Warrantless GPS Spying

Steve Neavling
ticklethewire.com

The ACLU is incensed that the FBI won’t hand over details of how agents have used warrantless GPS trackers on cars to monitor suspects, Salon.com reports.

Responding to a request for public information, the FBI redacted virtually every word from the records, saying the information is privileged, Salon.com reports.

The ACLU wants to see other tracking methods used by federal agents following a Supreme Court ruling that determined GPS trackers require a search warrant. The group also wants to know how the FBI plans to retrieve GPS trackers already on cars.

“The Justice Department’s unfortunate decision leaves Americans with no clear understanding of when we will be subjected to tracking—possibly for months at a time—or whether the government will first get a warrant,” wrote Catherine Crump, an ACLU staff attorney.

Justice Dept. Wants Appeals Court to Reconsider Warrantless GPS Issue

gpsBy Allan Lengel
ticklethewire.com

WASHINGTON — The issue of law enforcement using warrantless GPS is still simmering.

The latest: The Justice Department on Monday asked the full U.S. Court of Appeals in D.C. to overturn a ruling by a three-judge panel, which said law enforcement must get a warrant when using a GPS to track a suspect, the BLT:The Blog of the Legal Times reports.

The three-judge panel ruled that authorities violated the privacy of Antoine Jones, the co-owner of a nightclub in Washington, by using the GPS to link him to a  suspected Maryland drug house, the blog reported. The court vacated his conviction and life sentence.

Federal prosecutors have cited a 1983 Supreme Court ruling that said a person traveling on a public road should have no expectation of privacy, the blog wrote.

Assistant U.S. Attorney Peter Smith wrote in the petition for a rehearing that the ruling”raises enormous practical problems for law enforcement,” the blog reported.

“The decision leaves unresolved precisely when the monitoring of a GPS device becomes a ‘search’ under the Fourth Amendment, and implicitly calls into question common and important practices such as sustained visual surveillance and photographic surveillance of public places,” Smith wrote, according to the blog.

OTHER STORIES OF INTEREST