August 15th, 2012

Appeals Court: No Warrant Needed To Track Cell Phones

Wired

This article is found at Wired. Please read entire article there:

http://www.wired.com/threatlevel/2012/08/warrantless-gps-phone-tracking/

A federal appeals court on Wednesday said the authorities do not need a probable-cause warrant to track a suspect’s every move via GPS signals from a suspect’s mobile phone.

The 6th U.S. Circuit Court of Appeals, ruling 2-1, upheld a 20-year term for a drug courier nabbed with 1,100 pounds of marijuana in a motorhome camper the authorities tracked via his mobile phone pinging cell towers from Arizona to a Texas truck stop.

The decision, a big boost for the government’s surveillance powers, comes as prosecutors are shifting their focus to warrantless cell-tower location tracking of suspects in the wake of a Supreme Court ruling in January sharply limiting the use of GPS vehicle trackers. The Supreme Court found law enforcement should acquire probable-cause warrants from judges to affix GPS devices to vehicles and monitor their every move.

The court of appeals ruling comes a month after a congressional inquiry found that law enforcement made 1.3 million requests for cellphone data last year alone while seeking out subscriber information like text messages, location data and calling records.

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Posted in All, Articles | 3 Comments »

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3 Responses to “Appeals Court: No Warrant Needed To Track Cell Phones”

1
Mike in PA Says:
August 15th, 2012 at 2:46 pm
“In all of the cases, including the 5th Circuit case, the Obama administration maintains that Americans have no expectation of privacy in cell-site records because they are “in the possession of a third party” — the mobile phone companies.”

I would propose to the BOD the idea of starting a cell company. We can call it the “Oath Keeper Network” Our sales pitch:

We will not give up your cellular records without a warrant. That ought to put the Obama adminstrations argument to bed.

And get us a lot of customers.

I can see the commercial now.
Stewart: “Can you hear me now”
Sheriff Mack: “Yup”
Stewart: “Goooood”

Who’s in?
2
Patrick C. Says:
August 15th, 2012 at 4:11 pm
We shouldn’t even be surprised by this. If you don’t want to be spied on, don’t carry around a Chinese device that pinpoints your location within five meters from outer-daggawn-space. That’s just common sense. If you don’t want to be “pinged,” then take the battery out of your cell phone and drive on.
3
casey heyrend Says:
August 19th, 2012 at 7:27 pm
the constatution is under attack at all times in these days what are the oath keepers going to do something or not i wonder how far the oath goes i hear you guys on here but no one out in the spot light not in my town i ask around here and people wonder if ive gone mad oath keeper what is that well never mind no need to lead the blind but for the awake it is getting scary out here

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Click here to read full length version. 1. We will NOT obey orders to disarm the American people. 2. We will NOT obey orders to conduct warrantless searches of the American people 3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal. 4. We will NOT obey orders to impose martial law or a “state of emergency” on a state. 5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty. 6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps. 7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext. 8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control." 9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies. 10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.
Click here to read full length version.

OATH KEEPERS: ORDERS WE WILL NOT OBEY

Click here to read full length version.

1. We will NOT obey orders to disarm the American people.

2. We will NOT obey orders to conduct warrantless searches of the American people

3. We will NOT obey orders to detain American citizens as “unlawful enemy combatants” or to subject them to military tribunal.

4. We will NOT obey orders to impose martial law or a “state of emergency” on a state.

5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty.

6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.

7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.

8. We will NOT obey orders to assist or support the use of any foreign troops on U.S. soil against the American people to “keep the peace” or to “maintain control."

9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies.

10.We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.

Click here to read full length version.

Founder Stewart Rhodes

He is a former firearms instructor and former member of Rep. Ron Paul’s DC staff.

Stewart previously wrote the monthly Enemy at the Gates column for S.W.A.T. Magazine

Stewart graduated from Yale Law School in 2004, where his paper “Solving the Puzzle of Enemy Combatant Status” won Yale’s Miller prize for best paper on the Bill of Rights. He assisted teaching U.S. military history at Yale, was a Yale Research Scholar, and is writing a book on the dangers of applying the laws of war to the American people.