I stand corrected. However, I'll agree I think the decision is wrong and I'm almost betting that if and when it gets appealed or reviewed by the Supreme Court it will be reversed. I agree with them that delivery men and mail men can use the driveway but it doesn't mean they can tamper with other property while they are delivering. No different then people who put up the "No Trespass" signs. In the eyes of the court the "No Trespass" sign has no weight if whoever is on the property has a legal reason for being there, ie; police investigating a crime or wanting to speak with the home owner, or mail delivery.
The Supreme Court has ruled that no one not even police can walk onto someones property and take their trash, however if the trash has been put out at the curb then it's considered abandoned property and can be taken. Also just because your car is in a public parking lot does not give police permission to attach anything (GPS or listening device) to it without the owners permission or warrant.
Quote:
|
But the Ninth Circuit doesn’t make precedent for the whole country, and the U.S. Court of Appeals for the District of Columbia recently ruled that extended tracking via GPS requires a warrant. But, since conflicting precedent has now been set on the West Coast, this issue is bound for the Supreme Court. Hopefully, they’ll side with the rights of the people.
|