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  1. #1 The Government's New Right to Track Your Every Move With GPS 
    The Government's New Right to Track Your Every Move With GPS

    By ADAM COHEN Adam Cohen – 1 hr 30 mins ago

    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.)

    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.

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  2. #2  
    Senior Member Molon Labe's Avatar
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    This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway
    wha?
    Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound - Unknown


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  3. #3  
    CU's Tallest Midget! PoliCon's Avatar
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    Plebes have no rights except those the progressives give us.
    Stand up for what is right, even if you have to stand alone.
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    Our widdle friend. Wei Wu Wei's Avatar
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    Rights? ti's about stopping DRUGS people! DRUGS!!

    they get you HIGH

    i'll give you a right, i'll give you a left and i'll give you a kick to the fucking head. lol marijuana rights yeah right
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  5. #5  
    Zoomie djones520's Avatar
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    Quote Originally Posted by Wei Wu Wei View Post
    Rights? ti's about stopping DRUGS people! DRUGS!!

    they get you HIGH

    i'll give you a right, i'll give you a left and i'll give you a kick to the fucking head. lol marijuana rights yeah right
    This isn't about Marijuana dumb ass. But I'm not suprised you'd pick up on that issue over the greater one.

    Man... days after Satanicus flees with his tail between his legs, you show up in full force to retake the stupid thrown.
    In most sports, cold-cocking an opposing player repeatedly in the face with a series of gigantic Slovakian uppercuts would get you a multi-game suspension without pay.

    In hockey, it means you have to sit in the penalty box for five minutes.
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  6. #6  
    CU's Tallest Midget! PoliCon's Avatar
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    Quote Originally Posted by djones520 View Post
    This isn't about Marijuana dumb ass. But I'm not suprised you'd pick up on that issue over the greater one.

    Man... days after Satanicus flees with his tail between his legs, you show up in full force to retake the stupid thrown.
    Hazlnut showed back up out of no where as well. Funny that.
    Stand up for what is right, even if you have to stand alone.
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  7. #7  
    Our widdle friend. Wei Wu Wei's Avatar
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    Quote Originally Posted by djones520 View Post
    This isn't about Marijuana dumb ass
    Obviously. No one is for added government surveillance (at least not since the Patriot Act of course) but no one seriously speaks out against this type of activity because it's tied to Drug Enforcement, which is horribly run and which needs to be entirely overhauled because it's causing social, economic, criminal, and even terrorist activity now thanks to Mexican Drug Cartels who get most of their funding from the drug trade with the United States.
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  8. #8  
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    Quote Originally Posted by Wei Wu Wei View Post
    blah, blah, blah it's America's fault
    Fixed it for you.
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  9. #9  
    Power CUer noonwitch's Avatar
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    This really doesn't surprise me, the war on drugs stripped us of a lot of our rights a long time ago.
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  10. #10  
    Senior Member Molon Labe's Avatar
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    Quote Originally Posted by noonwitch View Post
    This really doesn't surprise me, the war on drugs stripped us of a lot of our rights a long time ago.
    You and me are probably in the minority on that one.
    Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound - Unknown


    The problem is Empty People, Not Loaded Guns - Linda Schrock Taylor
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