SD Man say GPS Device Violated His Rights

[Jim Finnel]

A South Dakota man convicted on drug charges says police violated his rights by putting a satellite tracking device on his vehicle.

Elmer Zahn of Gettysburg and his attorney argued before the state Supreme Court that the GPS device violated the Fourth Amendment, which protects against unreasonable searches and seizures. State prosecutors dispute that. Supreme Court justices will rule later.

Aberdeen police tracked Zahn's car for 26 days and saw that he had made frequent stops at storage units where marijuana eventually was found. Zahn's attorney says police took the investigation too far and were fishing for information.

Assistant Attorney General Frank Geaghan says the GPS device was put on the car in an apartment parking lot and that Zahn's movements were tracked on public roads.


NewsHawk: Jim Behr: 420 MAGAZINE
Source: kdlt.com
Author: Associated Press
Copyright: 2011 KDLT
Contact: KDLT.com South Dakota
Website: SD Man say GPS Device Violated His Rights

 

[Jacob Bell]

I feel bad for this individual. According to this article, Court allows agents to secretly put GPS trackers on cars - CNN.com, he is going to lose this case. The Feds and such can now "legally" place tracking devices on vehicles with no search warrant. Even in your driveway.
This is just another example of liberty gone wrong. Terribly, Horribly, Wrong. I get very angry when I see these things, because no SANE Nation would allow this crap to happen. This is quite literally insane. And I mean that. It is. Why?
Your vehicle belongs to you, and when an officer pulls you over, you must give consent to search it. Therefore, your vehicle has a reasonable expectation to privacy. So does your driveway. Even your appt. complex parking lot.
Here is an example. If some kid was messing with your car, even in a public place, you have ever right to call the police and have that person arrested for keying your car, or breaking into it. So if an officer is placing a device on your car, without your consent, and you see this, and you call the police.....what happens? That officer should be in trouble, just like the kid messing with your car.
What would happen, if a person were a night owl such as myself, and the cops tried to place a GPS on their car, and the person saw them doing so and came outside with a shotgun? Would I be within my rights to defend my property, i.e. my car is my property, I own it. After all, it would be dark, nighttime, and how do I know that person underneath my vehicle for 60 seconds isn't cutting my brake line or something equally sinister and dangerous? You can bet I would take them at gunpoint with my shotgun and flashlight, and they darn well better reach for that badge slowly, cause if they whip out a gun.....well, pretty hard to miss with a shotgun. (BTW, no, I don't own a shotgun or any guns for that matter lol. This is just an example)
The War on Drugs has gone too far. Way too far. I hope I see it ended in my lifetime. I truly do. Because it's out of hand. Lives are being ruined. Normal law abiding citizens are going to jail and being ripped away from their families, for a dried flower. The human cost is deadly, people are shot, dogs are shot. Who gave someone else power over me, to tell me what to do? I am a human being, with 1 life to live on this Planet. I have rights. I have freedoms. As long as I hurt no one else, then I should be left alone.

 

[Jim Finnel]

So if an officer is placing a device on your car, without your consent, and you see this, and you call the police.....what happens?

you could remove the device and stick it under a box car or bus or cop car

 

[getright]

Damn that would he funny if you put it on a bus or box car!

 

[Propa Gator]

What would happen, if a person were a night owl such as myself, and the cops tried to place a GPS on their car, and the person saw them doing so and came outside with a shotgun? Would I be within my rights to defend my property, i.e. my car is my property, I own it.

No, a poor man is not allowed to defend his own property with deadly force. If you are facing a pointed gun, you may shoot and possibly survive persecution, if you have video-tape and hire a competent, connected lawyer. Rich folks use police.
If I find such a device, I might move it to the bottom of a river. Then run

 

[Aardvark]

Don't forget, if you own an "OnStar"-type vehicle with satellite tracking capability, that information is available to law enforcement if they are smart enough to get a search warrant for it. As far as sending the cops on a wild goose chase, remember the movie "HEAT"? They put theirs on a long-distance bus.

 

[GreenZombie]

you could remove the device and stick it under a box car or bus or cop car

Oh man, putting it under another cop's car would be priceless!!