Feds seek cell positioning data without warrants

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Re: unnecessary complication

Well, we shall see about the 2nd, since SCOTUS has taken the DC gun ban case. As for the 10th it was considered for a long time to be a "tautology," but under the Rehnquist court and especially some decisions by Thomas, it was showing signs of life (mistakenly, in my opinion.)

It would be interesting to see what whether SCOTUS would consider these court orders to violate the 4th. Even Scalia and Thomas would have to look at the Founders' intent and ask whether they would have liked British officials being able to track colonists' whereabouts without a warrant. I didn't make it quite clear in the piece, but where this to me really crosses the line is that it lets the cops follow you into private spaces.

The Court has always made a distinction between your expectation of privacy in public and in private. If you're going about in public, even with a tracking device in your pocket (especially one you asked for), they're probably not going to need a warrant. To track you in private spaces where you have an expectation of privacy, that's different. Since this data tracks you no matter where you go, it raises a serious "expectation of privacy" issue.

Posted by: rkoman@...   Posted on: 11/26/07 You are currently: a Guest | Members login | Terms of Use

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