e-Discovery California: We Will…We Will…Track You!!!

MP900433086 Privacy took a major hit in the nine states encompassing the 9th Circuit.  The court found that the police have the right to attach a tracking device to a vehicle on private property.  That part isn't new.  What is new is that they held it may be done without a warrant.  To me, that is disturbing.  Do you see any dangers here?

This is another issue where reasonable people will disagree.  Some will look at it as another version of visual surveillance.  I don't have a problem with using a device in this manner; I just think the government should be required to secure a warrant.

I cringe when I hear arguments like "put out a 'No Trespassing' sign and then you'll be protected".  Either we possess rights or we don't.  I fail to see why I should have to advertise my right to privacy if it's a vested right.  Are we saying crooks don't need to be warned but the police do?

How far may the government go?  Suppose a person is drunk and passed out cold on their front lawn.  Should I assume the government now has the right to attach a tracking device to that person without their permission?

Another federal jurisdiction from D.C. has ruled the opposite way on a similar matter.  This will likely go to the Supreme Court.

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