Thread: Oceania, here we come!!!!?!

Originally Posted by Consultant

Is it illegal for an undercover cop to tail you and record your whereabouts and route without a warrant? (I don't know, I'm asking)

If the answer is no, then how is it different to do it electronically?

Is the issue the coming onto of private property? If you park in the street or they apply the tracking device while you are in the grocery store?

Is electronic tracking different than physical surveillance?

There are two issues. Trespassing onto private property to install the GPS. And the fact that pother courts have stated that you do need a warrant for extended GPS tracking.

I cant speak for Cali...

But in Kansas it is illegal for a private citizen to place a GPS tracking device on another citizen's vehicle... doesn't matter where the vehicle is located at the time.

To me that means the police should require a warrant to do the same. In my opinion a police officer doing surveillance with out a warrant is no different than a private citizen. If he has probable cause then getting a warrant wouldnt be an issue. (exception being imminent danger. Not sure how a GPS tracker would play into that but if I were on the jury and they could show imminent danger I would let it go)

It is mentioned that U.S. Court of Appeals for the District of Columbia Circuit is rather influential, and they decided that GPS case unanimously, both liberal and conservative judges.

Originally Posted by Consultant

That's cool - I'm not necessarily defending it. If the high court decides it's unconstitutional, that's justified. I really dont see it as a liberal or conservative issue, so lets not make it that.

If probable cause exists, get a warrant for surveillance.

Exactly my point. You and I are in agreement, there ought to be probable cause, and it ought to be presented for a warrant. There needs to be checks on those in power, even the police.

And I wasn't making a lib/con issue. I just mentioned the judges politics to stress that even those on opposite sides of the political spectrum have unanimously agreed that a warrant is needed for using a GPS for surveillance.