Drudge Retort: Red Meat for Yellow Dogs

The Massachusetts Supreme Judicial Court ruled yesterday that the state constitution allows police to break into a suspect's car to secretly install tracking devices using a global positioning system, provided that authorities have a warrant. In a unanimous ruling, the state's highest court upheld the drug trafficking conviction of Everett H. Connolly, who was tracked by police in 2004 after they installed a GPS device in his minivan.

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Just breaking down our rights and freedoms, one baby step at a time.

If the general public can't legally break into someone's vehicle why is it Cops can?? If this isn't some fucked up bullshit I don't know what is.

Larry

It's not breaking into if they have a warrant.

If the general public can't legally break into someone's vehicle why is it Cops can??
#2 | Posted by LarryMohr at 2009-09-22 02:04 AM | Reply

Next you'll see 'em busting into people's houses, restraining them, searching them, tapping their pho...oh, wait, nevermind.

The statement "provided that authorities have a warrant before they do so" means something, folks. It means a judge has deemed the action appropriate and for the benefit of society. So now the cops can put a GPS in you car - which is no different than them tapping your phones or putting a camera in your residence. I just can't seem to summon the outrage with this decision.

Right wingers are more comfortable with a police State, feeling like they a good conformists and all, it will never effect them personally. When in Rome.

You can also shoot any intruder on your property so long as you say you felt you were in danger. If you see someone monkeying with your car late at night, go grab that .308 and introduce yourself.

On your property? I don't think so, although probably varies State by State. Unless they're in your house, you don't have a leg to stand on. But like all things related to justice, its really a question of how much money you have, not what you did. Our Democracy is one big lie.

"If the general public can't legally break into someone's vehicle why is it Cops can?"

The general public can't break into your house. The cops can, when they have a warrant stating they can do so.

The general public cannot carry a handgun in Chicago. The cops can.

The general public cannot put red and blue lights on top of their car and pull you over.

Part of being a cop is doing things the general public cannot do. Did you really not know that? How old are you?

First Trans Fats, and now this! God damn you! God damn you all!

The problem is this: At the point they produce evidence that supports the requirements for activating said warrant, you the citizen, have the right, and the government is compelled to allow, you to answer to said charges. The Constitution makes no such allowance for the issuance of "no-answer" or "secret" warrants.
Also, the issuance of said warrant allows them the ability to to set aside your rights, to the effect that the constitution says you have the right to protect your interests, your property, and most important, your life.
Such warrants remove that protection, since YOU do not know they claim to already have evidence against you, thus the issuance of the warrant. You have the right to lawfully deprive them of the ability to produce evidence. Since evidence can now include things like incidental association, or just "looking" out of place, or even "being" in a particular place, without having being witnessed "engaged" in criminal activity.
Things like getting stopped for cruising in a bad neighborhood, for instance, is illegal because the law must witness you engaged in a crime, or have a warrant, to deprive you of ANY liberty.
There is no "probable cause" clause in the constitution. It must be witnessed in the first person, or evidence surrendered to the court to meet the conditions of the warrant. Hearsay doesnt cut it.
Further, the Constitution only allows for "limited" secrecy, confined to the executive branch, there is no power of transfer.

Liberty is our birthright. Your right to protect it, even from govco., corpco., or any other determined assault on your liberty is absolute.

Oh, and by the by, if govco., or any other entity can do it to you, you have the lawfull right to do it to them. The govco., cannot, and is prohibited from representing itself or any other entity above the citizen, whether in the singular, or agregate.
Damn.

"Oh, and by the by, if govco., or any other entity can do it to you, you have the lawfull right to do it to them."

Huh? Really? Is that an ideal, or is this a constitutional interpretation? Would you clarify that for me, and cite, if appropriate? I would think that the warranting process covers this, but then I'm no legal expert.

"Right wingers are more comfortable with a police State, feeling like they a good conformists and all, it will never effect them personally. When in Rome."


True. Rightwing sheepstains never saw an expanse of police power they didn't like.

You can also shoot any intruder on your property so long as you say you felt you were in danger.

Yep. All of this "legal" police snooping is going to end up with people needlessly filling up pine boxes.

Same goes for "no knock" warrants. Several times, people have had their houses raided and thought they were being robbed. They grabbed their guns.

Dead cops. Dead suspect. No one wins.

hahah damnit I'm a "rightwinger" and I think this is a little much. Statements like this just make partisans look like morons.

But, with a House and Senate and WH controlled, all we need is an amendment to the Constitution put forth and everything can be fixed.

If the Republicans prevent the change, they'll look really bad to the public.

Go for it Dems.

Give Americans their Liberty.

The first time this is being used and challenged is in a drug case?

How fucking weak is that?

To successfully stop a pedophile, a crooked Senator, a spy, a kidnapper, a serial rapist, a murderer?

You might have a case, even if just barely.

But to suggest this secret police tactic is neccessary to prosecute the failed War on Droogs is a non-starter.

Fuck Tha Police State.

Be Well.

The Massachusetts Supreme Judicial Court ruled yesterday that the state constitution allows police to break into a suspect's car to secretly install tracking devices using a global positioning system

But the Federal Constitution does not allow that and, per the 14th Amendment, the state cannot trample on rights given by the Feds.

You can also shoot any intruder on your property so long as you say you felt you were in danger.

#6 | Posted by RastaPolitico

"Felt" you were in danger?

Good luck with that.

Hope you have a great lawyer and a large savings account. You will need both.

And perhaps you should actually speak with a lawyer who is up on gun and self-defense law before making such sweeping statements.

"Felt" you were in danger?

Good luck with that.

Florida law would allow me to shoot someone in the street for the same reason.

Florida law would allow me to shoot someone in the street for the same reason.

#20 | Posted by kanrei

You make the bold statement.

Back it up.

Verifiable legal citation please.

licgweb.doacs.state.fl.us

Under the castle doctrine, you need not retreat from your own home to avoid using deadly force against an assailant. The castle doctrine applies if you are attacked in your own home by an intruder.

Q. What if I am in my place of business and someone comes in to rob me? Do I have to retreat before using deadly force?

A. The castle doctrine also applies when you are in your place of business. If you are in danger of death or great bodily harm or you are trying to prevent a forcible felony, you do not have to retreat before using deadly force in self-defense.

There was a warrant issued for the GPS tracking device.

What is the problem with this tactic?

we shouldn't get our panties in a bunch over this one. this is with a warrant with showings, and limitations on when the procedure can be used. i do not like intrusion, and don't necessarily agree with this decision. but, there are a whole host of things that we ought to be more concerned with in connection privacy issues.

Zot? It's as if the link made you disappear. I bet your parents wished they had one of those when you were born...

Kanrei,

Please explain how the castle doctrine would apply to a situation "in the street" as you stated in your original post.

I think it'll be funny when somebody finds the GPS and sticks it on a random car. Say hello to 1984 people. Cops make up shit to get warrants and to fuck with people. Only way to protect your rights is get a good lawyer.

they oughta just stick a chip in each of us when we're born in the first place. could have all of our id info on the chip.

that way, we could be tracked 24/7. we could track our kids, our spouses, our employees, and our criminals. illegals could be chipped and deported too. when the gps picks them up in the states, we can ship their ass back.

I have been in police custody 5 times and I have a clean criminal record. And the reason being is that I had a good lawyer each time.

"I have been in police custody 5 times and I have a clean criminal record. And the reason being is that I had a good lawyer each time."

Well, yes, that, too.
But don't forget the disappearing witnesses epidemic.

;>)

Zot? It's as if the link made you disappear. I bet your parents wished they had one of those when you were born...

#25 | Posted by 101Chairborne

Sod off, ChairBoy. I actually do things other than pathetically crouch in front of my monitor hoping somebody will respond.

"If you are in danger of death or great bodily harm or you are trying to prevent a forcible felony, you do not have to retreat before using deadly force in self-defense".

#22 | Posted by kanrei

I went out the link. Thanks for posting that.

Feelings makes for a real sappy song, but won't wash in court. By your own quoted text, danger of death or great bodily harm.

So you wrote:

"Florida law would allow me to shoot someone in the street for the same reason."

I suppose the only way that would wash would be somebody actually pointing a weapon at you or your house. (Or if ChairBoy was strolling by.) But somebody talking trash or verbally threatening you would not be justification for capping him (unless it was ChairBoy).

You can justify all and anything you want. Even if the police are convinced that the shooting was justifiable, you may still end up in civil court.

Therein lies the responsibility of owning a weapon and the good judgment as to when to use it.

Hoping? With you fucking retards it's guaranteed!


......where are the "small government" advocates ?......

You can justify all and anything you want. Even if the police are convinced that the shooting was justifiable, you may still end up in civil court.

Therein lies the responsibility of owning a weapon and the good judgment as to when to use it.

#32 | Posted by ZOT at 2009-09-22 02:44 PM | Reply | Flag:
------------------------------
--------

Actually, not in Florida. The statute is pretty clear about no civil prosecution.

But since you aren't a resident here, we'll overlook your ignorance of Florida law.

quick reference available at: http://www.handgunlaw.us Just check on the state that you want to research in the map.

A similar decision was reached in a GPS case here in Wisconsin last year. Looks like that sort of legal logic is spreading.


But what if you don't have a car? I don't want to even think of where they could "break in" and stick a GPS.....oh wait, the aliens have already implanted tracking microchips....


ATTENTION MORONS:

Do some research on the meaning and history of the word "warrent", especially in reference to the U.S. Constitution.

The appalling thing about some of the replies here is that there are some knuckle dragging drooling idiots here who seem to thing the cops behaved badly.

This story is merely about cops CORRECTLY doing their job.

There is a growing class of idiots who are actively HOSTILE to police doing ANY sort of investigation of crime. Warrent or no warrent, the idiots always charge the cops with bad behavior.

THE TRUTH: From the 1st day that the Constitution became the law of the land, a judge could issue a warrent for police to search a home. If they can do that, then they sure as hell can do wire taps and GPSs "if they have a proper warrent", which they did.

But what if you don't have a car?
.......#38 | Posted by daprof

........bend over.......

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