Another 4th Amendment Protection Is Gone

Libertarians believe in a broad interpretation of the Fourth Amendment protection against unreasonable search and seizure. The Libertarian Party of Georgia platform states “We hold the right to privacy should not be infringed by the government. The state should not use any covert surveillance of an individual’s actions or private property without the consent of the owner or occupant.”

So you can understand why we are upset over a Wisconsin appeals court ruling that says state police do not even need a warrant to attach a GPS tracking device to someone’s car — even if that person is not a suspect in a criminal case!

We are barely amused at the Wisconsin court’s discomfort at its own decision. After turning police loose to track innocent citizens for any or no reason, the court said it was “more than a little troubled” by its ruling, and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.

That abuse will follow this ruling is obvious, given a statement from
local law enforcement officials who said it was a victory for public safety because tracking devices are an increasingly important tool in investigating criminal behavior. And the Wisconsin legislator responsible for a law mandating sex offenders be tracked by GPS said the decision shows “GPS tracking is an effective means of protecting public safety.”

While the Libertarian Party of Georgia too often thinks the American Civil Liberties Union is too picky about what liberties it deems worthy of protection, we praise Wisconsin ACLU legal director Larry Dupuis for taking this case. Dupuis said using GPS to track someone’s car goes beyond observing them in public and should require a warrant. “The idea that you can go and attach anything you want to somebody else’s property without any court supervision, that’s wrong,” he said. “Without a warrant, they can do this on anybody they want.”

So much for the presumption of innocence!

The Libertarian Party of Georgia actively participates during Georgia’s winter legislative session to lobby against anti-freedom proposals, and to marshal citizen opposition to things like the recent OTC drug database proposal. We will alert you to action if any Georgia legislator thinks this Wisconsin case should be a local precedent. Support your Libertarian Party of Georgia!

Read the news account of the ruling at
http://www.chicagotribune.com/news/chi-ap-wi-gps-police,0,5890193.story.

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