EFF has successfully argued before other courts that the government needs a warrant before it can track a cell phone's location in real-time.

GPS phones are a double edge sword, lost in the middle of a snow storm it could save your life or enable the COPs to come get you any time they want.

I for one can't wait until they implant chips in our heads.

This is really going to ruin NCIS.

Damn liberal federal judges legislating from the bench.

I watched a video of cops using cellphone GPS to track people and won't someone think of the children by stopping these activist liberal judges from legislating from the bench, hating America.

Sure, rulings like this, and before long we won't be able to find out where bin Laden was when he texted his bff Jill.

Why does the Constitution hate America?

As of two years ago courts were divided on the standard to be used for tracking. What's the score now?

Yeah, damn those strict constructionist judges respecting the Bill of Rights. We need more activist judges on the bench!

So is this an activist or constructionist/constitutionalist judge?

Hobodeluxe: I for one can't wait until they implant chips in our heads.

They're not going to do it to us. We're going to ask for it.

Hopefully this ruling won't interfere with that locater system being used by rescue personnel. That would be my only objection to the ruling. Otherwise it was well written and reasoned.

/unintended consequences, don'cha know

clancifer: So is this an activist or constructionist/constitutionalist judge?

They're only activist when they vote against you.

Good for the court. Wonder how this will play when it eventually reaches the SCOTUS. I'd love to see it upheld. Are warrants so incredibly hard to come by? I mean if it took days or weeks to obtain a warrant I could see why law enforcement would want to do an endrun around it, for time-sensitive reasons. However, can't most law enforcement agencies pick up a warrant in a matter of minutes with a few well placed phone calls to the right judge?

Also, in the event of using GPS locations for search and rescue operations, would the 4th amendment even apply? Or at least have a different set of standards to obtain such a warrant for s&r procedures?

What a surprise. A liberal judge sides with terrorists yet again.

Mark my words, its getting to the point where terrorists won't have to blow stuff up anymore, they'll just sue our country out of existence. And the liberal judges will roll out the red carpet for them.

/not really
//this is how McCain and company will spin it

Finally, non-ironic use of the Hero tag. Was getting tired of it being used for the latest Malkin screech and such.

I'm sitting here amazed at how I actually completely agree with the ACLU and a San Francisco judge

Hobodeluxe: I for one can't wait until they implant chips in our heads.

Ever see "The President's Analyst" with James Coburn?

In an unprecedented victory for cell phone privacy, a federal court has affirmed that cell phone location information stored by a mobile phone provider is protected by the Fourth Amendment and that the government must obtain a warrant based on probable cause before seizing such records.*

* Except in cases of "terrorism" or for "national security".

I don't know if it makes a difference, but I have GPS disabled except for E911. If I was worried about being tracked, I'd just turn it off.

Damn, the terrists have won.

For the legal smrt type people:

Can DOJ appeal this decision and make this issue drag out even longer?

/ not legal smrt

Why do judges hate America?

matt2891: However, can't most law enforcement agencies pick up a warrant in a matter of minutes with a few well placed phone calls to the right judge?

Yes. Judges are put "on call" after hours and on vacation days in order to review and sign off on emergency warrant requests.

Here is a sample of the handout to judges in the 5th district of Iowa:

All Judges of the Fifth Judicial District shall be on call for search warrants, emergency domestic abuse proceedings, emergency mental health and substance abuse commitments and all other emergency judicial business. Judges responding to calls on evenings, weekends and holidays may take corresponding time out of the regular assignment on an hour for hour basis not to exceed forty (40) hours per calendar year. Judges may take this time only when all trials, hearings and court service days are fully covered. Judges shall coordinate this time directly with the case coordinators of court administration. This shall not be considered time-off for vacation or quasi-judicial business under Rules 22.14 and 22.15 of the Iowa Court Rules. It shall not be coordinated or recorded through the office of the Chief Judge. Each judge shall be responsible for his or her own record keeping concerning this time. Link (new window)

I'm not sure if they're pushing the emergency use idea, but doesn't the law stipulate that the government can essentially ignore most of the written laws in a state of emergency? (e.g. Blizzards, Hurricanes etc.)

it's gonna be a damn shame when that judge gets run over by a bus next month....

I expect that my grandchildren, if I have any, will be taught how the Bill of Rights was a mistake that protected criminals, until the noble government eliminated in order to save its citizens from crime.

It seems like once a law is made, no matter what rights it eliminates or what freedoms it restricts, the vast majority of Americans believe it must be just simply by virtue of making it through Congress.

I can't wait to be quartering troops in my home against my will.

GOOD.

PinocchioDeBergerac: This is really going to ruin NCIS.

So Gibbs has to sweet talk a judge adding another minute to the script, i don't think it'll be that big of a deal ;)

What about access to your microphone and camera?

Link (new window)

dahmers love zombie
Why does the Constitution hate America?

Best permutation of this meme I've seen in a looooooong while.

Warrant?

Yeah... right.

Whatever.

nugz4lunch: What about access to your microphone and camera?

Link (new window)

I do have to call BS on some of that. Most people WOULD notice if their phone was suddenly getting crap battery life, as would happen if the phone was transmitting constantly. As for my phone. I carry it in my pocket inside a case I sewed myself, nobody is gonna pick up any audio when it is in that.

Crosshair: I do have to call BS on some of that. Most people WOULD notice if their phone was suddenly getting crap battery life, as would happen if the phone was transmitting constantly. As for my phone. I carry it in my pocket inside a case I sewed myself, nobody is gonna pick up any audio when it is in that.

I keep mine in a polythene pouch up my ass, so when the government listens in, it's like I'm shiatting in their ears.

Fark you gov't.


Intrusive bastards.

matt2891: However, can't most law enforcement agencies pick up a warrant in a matter of minutes with a few well placed phone calls to the right judge?
===============

Hell, in the case of the president, you can actually obtain a warrant AFTER the fact with FISA. But apparently to our president that just too much waiting.

siva Quote 2008-09-14 12:28:23 PM
I expect that my grandchildren, if I have any, will be taught how the Bill of Rights was a mistake that protected criminals, until the noble government eliminated in order to save its citizens from crime.

It seems like once a law is made, no matter what rights it eliminates or what freedoms it restricts, the vast majority of Americans believe it must be just simply by virtue of making it through Congress.

I can't wait to be quartering troops in my home against my will.


They can't take away the 3rd Amendment before they take away the 2nd.

Coronach: Damn liberal federal judges legislating from the bench.

Came to say this

Stupid liberal founding fathers always get in the way of True American Values

clancifer: So is this an activist or constructionist/constitutionalist judge?

Yes, it is.

No Such Agency: I keep mine in a polythene pouch up my ass, so when the government listens in, it's like I'm shiatting in their ears.

Actually, the reason I made mine is that I couldn't find a case for my Q9m that I liked.

LonMead: Hopefully this ruling won't interfere with that locater system being used by rescue personnel. That would be my only objection to the ruling. Otherwise it was well written and reasoned.

/unintended consequences, don'cha know

I think that would fall under implied consent, which is the same standard used in hospitals to treat unconscious and altered patients who do not have a family member speaking on their behalf.

reimanr06: They can't take away the 3rd Amendment before they take away the 2nd.

I actually have never had a problem with the government trying to quarter soldiers in my home.

Hobodeluxe

I for one can't wait until they implant chips in our heads.

Why, you must work for the Phone Company.


/mksmith beat me to this, but my reference is more subtly obfuscated.

The 4th Amendment is alive in well in the federal judicial district of western Pennsylvania.

Goody.

/I know western PA very well.
//Not moving there.

Coronach: Damn liberal federal judges legislating from the bench.






The Constitution: that's one helluva bench.

Sad that what should be common sense is Heroic.

jgbrowning: Hobodeluxe: I for one can't wait until they implant chips in our heads.

They're not going to do it to us. We're going to ask for it.

All they have to do is slap Dale Earnhardt's number on the things. First they market them as bluetooth earpieces for cellphones.



Then they just stick you in a battlesuit and control you via cyberspace.



/MAN, I love Doctor Who.
/Delete, delete, delete, delete...

Wow! A judge whom respects the Constitution and Bill of Rights. A rare treasure nowadays.

Now they just have to convince the entire rest of the US Government and most of the cops on the job of that fact and we'll be all set.

DAR:

Worried about cops tracking you on your cellphone but still want one to save your life?

learn to turn your damn phone OFF when you arent using it