U.S. Federal Court: ‘1984 May Have Come A Bit Later Than Predicted, But It’s Here At Last’

Anti1984What are the chances that the U.S. Supreme Court will restrict the use of GPS tracking devices in police surveillance? We’ll find out soon, reports Adam Liptak in the New York Times:

In a series of rulings on the use of satellites and cellphones to track criminal suspects, judges around the country have been citing George Orwell’s “1984” to sound an alarm. They say the Fourth Amendment’s promise of protection from government invasion of privacy is in danger of being replaced by the futuristic surveillance state Orwell described.

In April, Judge Diane P. Wood of the federal appeals court in Chicago wrote that surveillance using global positioning system devices would “make the system that George Orwell depicted in his famous novel, ‘1984,’ seem clumsy.” In a similar case last year, Chief Judge Alex Kozinski of the federal appeals court in San Francisco wrote that “1984 may have come a bit later than predicted, but it’s here at last.”

Last month, Judge Nicholas G. Garaufis of the Federal District Court in Brooklyn turned down a government request for 113 days of location data from cellphone towers, citing “Orwellian intrusion” and saying the courts must “begin to address whether revolutionary changes in technology require changes to existing Fourth Amendment doctrine.”

The Supreme Court is about to do just that. In November, it will hear arguments in United States v. Jones, No. 10-1259, the most important Fourth Amendment case in a decade. The justices will address a question that has divided the lower courts: Do the police need a warrant to attach a GPS device to a suspect’s car and track its movements for weeks at a time?

Their answer will bring Fourth Amendment law into the digital age, addressing how its 18th-century prohibition of “unreasonable searches and seizures” applies to a world in which people’s movements are continuously recorded by devices in their cars, pockets and purses, by toll plazas and by transit systems.

The Jones case will address not only whether the placement of a space-age tracking device on the outside of a vehicle without a warrant qualifies as a search, but also whether the intensive monitoring it allows is different in kind from conventional surveillance by police officers who stake out suspects and tail their cars…

[continues in the New York Times]

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  • iPINCH

    Of course they need a warrant. Even if the criminal does not know about it, a judge needs inspect the case, so there is someone checking for abuse. These devices need to be really clever because as these news spread people are going to start checking for tracking devises before doing anything illegal.

  • iPINCH

    Of course they need a warrant. Even if the criminal does not know about it, a judge needs inspect the case, so there is someone checking for abuse. These devices need to be really clever because as these news spread people are going to start checking for tracking devises before doing anything illegal.

  • Okarin

    the Law is absolute-ly against you as the constitution was more fearful of the government then of small time criminals

  • Okarin

    the Law is absolute-ly against you as the constitution was more fearful of the government then of small time criminals

  • http://www.facebook.com/people/Tomas-Estrada-Palma/775058190 Tomas Estrada-Palma

    I have full faith that the Supreme Court will do the wrong thing and rule for that globalists and against the people. They are traitors removing the rights of Americans. For this treason they must lose their freedom.

  • http://www.facebook.com/people/Tomas-Estrada-Palma/775058190 Tomas Estrada-Palma

    I have full faith that the Supreme Court will do the wrong thing and rule for that globalists and against the people. They are traitors removing the rights of Americans. For this treason they must lose their freedom.

  • neurolux

    The Supreme Court as it is now? Yeah, we’re fucked.

  • Anonymous

    The Supreme Court as it is now? Yeah, we’re fucked.

  • neurolux

    The Supreme Court? As it is now? Yeah, we’re fucked.

  • Anonymous

    The Supreme Court? As it is now? Yeah, we’re fucked.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

    • http://www.ContraControl.com/ Zenc

      It is, but now we get to play “tit for tat”.
       

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

  • http://hormeticminds.blogspot.com/ Chaorder Gradient

    What the hell? I thought the checks and balances system was long gone.

  • Gergith

    FYI; 1984 wasn’t the predicted date by Orwell. He just wrote it in 1948 and he needed a title/date in the future, so he inverted the last two digits of the date.

    It was NOT a prediction of a date.

    I know that doesn’t change the meaning of this article in the least :D It’s just a useless fact about where the title 1984 actually comes from! :)

    • Anarchy Pony

      Well the government from the novel revised the calender and the book takes place much later in time actually.

  • Gergith

    FYI; 1984 wasn’t the predicted date by Orwell. He just wrote it in 1948 and he needed a title/date in the future, so he inverted the last two digits of the date.

    It was NOT a prediction of a date.

    I know that doesn’t change the meaning of this article in the least :D It’s just a useless fact about where the title 1984 actually comes from! :)

  • Wanooski

    Well the government from the novel revised the calender and the book takes place much later in time actually.

  • Wanooski

    Well the government from the novel revised the calender and the book takes place much later in time actually.

  • http://www.ContraControl.com/ Zenc

    I have every confidence that after a few homeowners catch the depadees wiring up their cars and treat them like trespassers and saboteurs deserve to be treated, and the homeowners walk (FIJA I love you), the cops will decide warrants are in order after all.

    This one we can solve without the Supreme Court.

     

  • http://www.ContraControl.com/ Zenc

    I have every confidence that after a few homeowners catch the depadees wiring up their cars and treat them like trespassers and saboteurs deserve to be treated, and the homeowners walk (FIJA I love you), the cops will decide warrants are in order after all.

    This one we can solve without the Supreme Court.

     

  • http://www.ContraControl.com/ Zenc

    It is, but now we get to play “tit for tat”.
     

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