Do you think it is ok for Police to track people by GPS without a court order?

Question

http://www.msnbc.msn.com/id/26167805/page/2/

I myself have no problem with it, like the article says it is really no different than a police officer trailing you. If you are not guilty of doing something criminal I don't see how it could bother you because who cares where I go? I don't really see this being abused since police have to manually monitor you so it is not like they will start putting them on every car in the neighborhood, only the ones they suspect. From what I seen they have already prevent a lot of crime and saved a couple of lives.

I will say that any officer caught using this for personal use like tracking their spouse bf/gf should be fined and possibly terminated.

Answer 1

Charlene Ellis' and Letitia Shakepeare's family would not argue with it. Nor do I.  

The police do not even have to manually monitor you. almost each and every one of us effctively carries a GPS - our mobile telephones.

i mention charlene and letitia becasue the convictions for the Birmingham (uk) new year's party murders where these two totally innocent teenage girls were killed in a drive by shooting were acquired because the mobile phone records of the murderers destroyed their false alibis.

(the records detail not just calls but the location of the mast that is presently receiving the signal from your phone thus prove within half a mile or so where you are at any point )

we should only be concerned about being watched by a totalitarian big brother like George Orwells original one - not this democratic one we have that is actually protecting us.

Answer 2

I would prefer a warrant being issued, it reduces the chances of the the charges being thrown out on appeal. I am also yet to see a case where a reasonable judge would not have issued a warrant...why risk doing it without a warrant, when you can easily get one.

Seems like 4 States have ruled it reasonable, while one, Washington has stated that it isn't....I would like the US Supreme Court to weigh in and end the speculation.

The argument that the GPS is not doing anything that a physical officer couldn't do does work, but doesn't address what is actively criminal tampering to the suspect's vehicle.

Reference you point about GPS being used by the officer to track their spouse etc. They should be fired and criminally charged, nothing else. Its officers who do stuff like that that s***w the rest of us over.

You will also notice that different police department's use GPS differently. Some don't use it at all, others (like mine) use it only with a warrant, whereas others use it without a warrant.

Answer 3

Yes, I do have a problem with it.  The essence of a free people is privacy and individual choice.  Sadly, since the 30's we (Americans) have allowed government to snoop into are daily lives by various ways.  

We are tracked by our pay checks and employers (credit bureaus) the FRCA §625 & 626 allow government to live what you have purchased.  Your cell phone tells anyone where you are by latitude and longitude and time of day.  You car if of recent vintage will tell police where you are and how fast you are going (soon you could get speeding tickets in the mail due to these technologies)

All of this snooping puts a chill on our freedom of association and assembly.  It also chills speech in that people, for it can place fear of a tax audit, release of medical data by those in power about you.

Electronic medical records will inform the public about your life habits.  The case in LA where Ms Spears medical data was linked was only the tip of the iceberg --- two low level flunkies lost their low paying jobs but police are being given free access to your medical records in sections of Congressional bills.

You should worry about being spied upon --- sure you are law biding however, it does not take a gifted writer to see how your location to a crime can be made to appear that you did it.  

Our society was built on the notion that the state had to prove you actually did the crime not that you were nearby and could have done it.  Most people do not know where there were exactly 3 weeks ago on Wednesday but the police keep the records.

Answer 4

I'm sure at some point the US Supreme Court will weigh in on this issue.  I see a real search and seizure issue if not accompanied with a warrant.

Of note, the GPS use mentioned in the article is only applied to cars parked in a public place.

Answer 5

I think it's NOT ok because everyone is entitled to their privacy.

You can actively wait on someone to make a mistake - monitoring will frustrate people.

Can you imagine the police knowing which bars you're going to, where you get groceries etc.

With a lot of cops being on the news for corrupt behavior, it scares me to think that a few here and there will abuse that power.

Answer 6

No I don't.....