Re:Court allows agents to secretly put GPS trackers on cars
by nimai on Friday August 27, 2010 @12:37PM
(#1639308)
This is exactly what I mean when I say the right to privacy is obsolete - by itself, it's no longer capable of protecting the freedoms it was originally intended to preserve. We need something better.
Re:Court allows agents to secretly put GPS trackers on cars
by tptacek on Friday August 27, 2010 @05:58PM
(#1640430)
What right to privacy? Privacy is a very simple word. It occurs nowhere in the Constitution.
Re:Court allows agents to secretly put GPS trackers on cars
by markstansbury on Wednesday September 01, 2010 @05:20PM
(#1654318)
It may appear nowhere in the constitution, but that doesn't mean it isn't constitutionally protected.
The substantive due process protections of the 14th Amendment extend heightened protection to a number of rights. Privacy is one of them. Marriage is another. There are plenty more.
In addition the 4th Amendment has its own privacy implications.
Incidentally, the problem with search-and-seizure jurisprudence is that every time the Supreme Court hears a case on the subject the defendant IS guilty--the debate is over whether the evidence of guilt is admissible in court. That makes it hard for the Court to turn a blind eye so they tend to expand the law in favor of the police every time they get a new case. The alternative is to free a known criminal. It takes guts to hold police to a principle when the immediate result is to free a criminal.