Supreme Court rules unanimously in GPS case
A recent case highlighted new challenges for privacy in the modern world. Cops placed a GPS tracker on the car of a criminal suspect without getting a warrant. Fortunately, the Supreme Court unanimously upheld a lower court decision that ruled that this was a violation of the Fourth Amendment to the Constitution which prevents unreasonable searches without a warrant.
The court, however, declined to go further. Issues on other types of electronic surveillance will be left to another day.
Posted in: Gadgets, Policies, Privacy, Surveillance
Tags: cops, Fourth Amendment, Fourth Amendment protections, Fourth Amendment searches, Fourth Amendment violations, GPS, GPS trackers, GPS tracking, GPS warrants, police, police officer, right to privacy, unconstitutional search, unreasonable search
Welfare drug testing law in Florida blocked by judge
Florida’s Tea Party governor, Rick Scott, has pretty much been a disaster. One of his worst initiatives was to institute drug testing for anyone receiving welfare benefits.
Not only is this a gross violation of privacy rights, it also perpetuates our insane drug war and wastes taxpayer money at a time when budgets are being savaged.
A federal judge was not impressed with the new law:
A federal judge temporarily blocked Florida’s new law that requires welfare applicants to pass a drug test before receiving benefits on Monday, saying it may violate the Constitution’s ban on unreasonable searches and seizures.
Judge Mary Scriven ruled in response to a lawsuit filed on behalf of a 35-year-old Navy veteran and single father who sought the benefits while finishing his college degree, but refused to take the test. The judge said there was a good chance plaintiff Luis Lebron would succeed in his challenge to the law based on the Fourth Amendment, which protects individuals from being unfairly searched.
The drug test can reveal a host of private medical facts about the individual, Scriven wrote, adding that she found it “troubling” that the drug tests are not kept confidential like medical records. The results can also be shared with law enforcement officers and a drug abuse hotline.
“This potential interception of positive drug tests by law enforcement implicates a `far more substantial’ invasion of privacy than in ordinary civil drug testing cases,” said Scriven, who was appointed by President George W. Bush.
Hopefully he’s right and this idiotic law will be held unconstitutional.
Posted in: News, Policies, Privacy
Tags: drug testing, drug tests, Drug War, failed War on Drugs, Fourth Amendment, Fourth Amendment protections, Fourth Amendment searches, Fourth Amendment violations, idiotic Drug War, Judge Mary Scriven, Rick Scott, Rick Scott privacy, right to privacy, unconstitutional search, unreasonable drug tests, unreasonable search, War on Drugs, welfare drug tests
A win for privacy . . .
This seems like a reasonable ruling.
Giving privacy-rights advocates and civil libertarians an important victory, a federal appeals court ruled that police conducted an illegal warrant-less search by planting a GPS device in a drug-case suspect’s car and tracking him for a month.
In ruling Friday that the police violated the suspect’s Fourth Amendment rights, the U.S. Court of Appeals for the D.C. Circuit said that by almost any measure, planting a GPS device, then following a person for several weeks conflicted with an individual’s reasonable expectations for privacy.
It will be interesting to see how the law develops for personal spying and private investigators.
Posted in: Gadgets, News, Policies, Privacy, Surveillance
Tags: civil libertarians, Fourth Amendment, GPS, GPS device, GPS privacy, GPS surveillance, illegal warrant-less search, planting a GPS device, privacy-rights advocates, reasonable expectations for privacy