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The Sandbox - National The Sandbox is a collection of off-topic discussions. Humorous threads, Sports talk, and a wide variety of other topics can be found here.

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Old 01-23-2012, 01:25 PM   #1
CuteOldGuy
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Default SCOTUS Sides With Privacy In GPS Case

In what appears to be a unanimous decision on the outcome, with the only split being on the rationale, the SC ruled that police cannot use information gathered from placing a GPS device on a vehicle.

Another unanimous win for the Good Guys! Can't wait for NDAA to get before this bunch!

http://www.cato-at-liberty.org/u-s-v...g-privacy-win/

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Old 01-23-2012, 01:46 PM   #2
I B Hankering
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Quote:
Originally Posted by CuteOldGuy View Post
In what appears to be a unanimous decision on the outcome, with the only split being on the rationale, the SC ruled that police cannot use information gathered from placing a GPS device on a vehicle.

Another unanimous win for the Good Guys! Can't wait for NDAA to get before this bunch!

http://www.cato-at-liberty.org/u-s-v...g-privacy-win/

Heard this on NPR. Great news, but it only adds an additional bureaucratic step for LE. Some judges will approve a warrant without ever analyzing the evidence to justify a warrant, while others will never approve such a warrant even in the face of mountainous evidence. LE knows which are which.
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Old 01-24-2012, 10:07 PM   #3
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Interesting split on the rationale. Scalia majority opinion adopted an "expectation of privacy, plus trespass" doctrine, somewhat supporting my prediction that they might no overtly overrule Knotts.

http://www.eccie.net/showpost.php?p=...6&postcount=13

His opinion was the majority opinion only because Sotamayor didn't join Alito's broader opinion on judicial prudence grounds. But she made clear in her concurrence that her heart was with Alito's broader protections for privacy. But it wasn't a wholesale rejection of Knotts as I would have liked to have seen. And trespass is a weak peg to hang you hat on for future cases like GPS phone records, etc.
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