SCOTUS Decision: GPS tracking requires a warrant

This is a great decision. It’s nice to see the intentions of the Constitution be upheld. This will likely be precedent setting, in that it essentially says “The emergence of new technologies does not eliminate the responsibilities of the government to adhere to the Constitution’s precepts.”

This is very important, even to the 2nd Amendment, as there may come a day when firearms are as obsolescent technology as the bow or sling. But we’ll still have the need to have the right to bear personal arms.

I’d really like to see this reasoning applied to infiltration and searches of things like phones and computers. It appears the big deciding factor was the physical act of installing the device. I am leery of the physical aspect being such a deciding factor. As such, were the FBI to simply hack an onboard GPS unit, would this decision still have gone down? I think it’s a case that needs to be decided. As all too often there seems to be this concept inside certain administrations that if they don’t physically go somewhere then no violation has been made. That somehow hacking or hijacking my phone calls, stored data or emails is acceptable.

Regardless, I find this a positive decision. Though I personally believe convictions should still be granted on ill-gained evidence. Just that those who gain the evidence illegally should suffer stiff penalties. I feel this way, in part, because I dislike violent and dangerous criminals being released back onto the streets on mere technicalities. If we know you committed murder, then we should be able to sentence you. If a police or other agent gained evidence illegally, then they should be sentenced separately.

Lastly, remember, we’re not talking about an inability of the police to monitor such individuals as this drug dealer. We’re simply saying that they need to get authorization for a warrant. In otherwords, by the point where they are considering monitoring, they should have enough evidence and insight to convince a judge that there is an aspect that warrants their suspicion. That’s all…just get a warrant. This sets apart a legal civilized police force from a gestapo.

Published in: on January 23, 2012 at 6:16 pm  Leave a Comment  
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