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#25 |
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Contains football related knowledge
Join Date: Mar 2004
Location: Second Star On The Right
Age: 63
Posts: 10,401
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Re: GPS Tracking
Just read the opinion. Talk about some tortured use of "expectation of privacy". According to the Court, b/c his property wasn't gated and/or didn't have no Trespassing signs, he had no expectation of privacy.
Sure, I expect that passers by may look on my property and see what I have left lying about. I do not expect and would vehemently protest passers-by entering my property and taking a closer look at things. I certainly do not expect the passing public to tamper with anything on my property. Then there was the "no expectation of privacy as to the exterior of his car" issue. Again, those things plainly visible without inspection, i.e. the paint job, the rims, things in plain view on the roof/bed (but not stuff inside closed containers). On the other hand, I certainly expect that, if I hid something in a difficult to access area of the undercarriage (for whatever reason I chose to do so), I have a certain level of privacy to the undercarriage of my car. Again, not absolute, but enough such that I would protest anyone from crawling under the car to perform an inspection of its undercarriage. Again, I think placing the device anywhere on my property w/out my permission constitutes a trespass, and, as such, requires a court order or exigent circumstances. As for the information gained from such a lawfully placed device, that's fair game and, again in my opinion, admissible.
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