Judge warns of ‘Orwellian state’ in warrantless GPS tracking case

[unhappycamper]

Judge warns of ‘Orwellian state’ in warrantless GPS tracking case
By Raw Story
Thursday, December 30th, 2010 -- 6:23 pm

Police in Delaware may soon be unable to use global positioning systems (GPS) to keep tabs on a suspect unless they have a court-signed warrant, thanks to a recent ruling by a superior court judge who cited famed author George Orwell in her decision.

In striking down evidence obtained through warrantless GPS tracking, Delaware Judge Jan R. Jurden wrote that "an Orwellian state is now technologically feasible," adding that "without adequate judicial preservation of privacy, there is nothing to protect our citizens from being tracked 24/7."

The ruling goes against a federal appeals court's decision last summer that allowed warrantless tracking by GPS.

Jurden was ruling on the case of Michael D. Holden, who police say was pulled over with 10 lbs. of marijuana in his car last February. Holden was allegedly named by a DEA task force informant in 2009, and in early 2010, without obtaining a warrant, police placed a GPS device on his car, allowing them to follow him whenever he used the vehicle.

Police investigators say they had the GPS on Holden's car for 20 days when they saw what they believed to be a cash-for-drugs exchange involving Holden in New Jersey. Police stopped him on a bridge crossing into Delaware and arrested him.

[xchrom]

1. recommend

[hermetic]

2. It's good to know

There are still judges who practice justice.

It's also good to know we still have one unhappy camper on duty every day bringing us all news military and then some. I thank you and wish you a most happy and prosperous New Year.

[unhappycamper]

4. Thank you hermetic.

Wishing a happy and prosperous New Year to you and yours.

[Warren DeMontague]

3. Well, clearly, what better use for millions of dollars in technology, what better justification to

shred the Constitution of the United States....

than to catch some dude with 10 lbs of weed in his car!!! :D :D :D

:eyes:

[ProgressiveProfessor]

5. At this point there is no penalty for destroying such equipment you find on your vehicle

Scanners for it should not be all that expensive, presuming it transmits.

The recent case where a student found an older style unit on his car shows just how embarrassed the state becomes when caught doing it.