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posted by Fnord666 on Thursday November 21 2019, @12:57AM   Printer-friendly
from the again? dept.

Arthur T Knackerbracket has found the following story:

Back in 2012, the US Supreme Court ruled that it's illegal for the police to attach a GPS tracking device to someone's car without a warrant. But what if you find a GPS tracking device on your car? Can you remove it?

A little more than a year ago, the state of Indiana charged a suspected drug dealer with theft for removing a government-owned GPS tracking device from his SUV. This month, the state's Supreme Court began considering the case, and some justices seemed skeptical of the government's argument.

"I'm really struggling with how is that theft," said Justice Steven David during recent oral arguments.

-- submitted from IRC


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  • (Score: 5, Interesting) by Chocolate on Thursday November 21 2019, @02:37AM (9 children)

    by Chocolate (8044) on Thursday November 21 2019, @02:37AM (#922806) Journal

    I don't get it. If they attached something, permanently, to my property then are they not giving said property to me?

    How is this different from someone hanging an ornament on the front of my house? Who owns the ornament? Can the person who put it there actually sue over its removal or destruction?

    In which case, what is stopping people from walking up to a church and hanging a cross upside down? :)

    --
    Bit-choco-coin anyone?
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  • (Score: 1) by anubi on Thursday November 21 2019, @02:55AM (5 children)

    by anubi (2828) on Thursday November 21 2019, @02:55AM (#922817) Journal

    Isn't abandoning stuff on someone else's property known as littering?

    If I took anything and affixed it to my neighbors car, and my neighbor discovered it and removed it, how is it he wronged me?

    If I found such a thing, it would definitely rattle me, as it's solid evidence I am squarely in someone's gun sight... Not knowing who it is makes it likely I prepare for war with the wrong person.

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
    • (Score: 2) by Chocolate on Thursday November 21 2019, @04:43AM

      by Chocolate (8044) on Thursday November 21 2019, @04:43AM (#922859) Journal

      Is the answer then to sue the owner of the device for littering? :)

      --
      Bit-choco-coin anyone?
    • (Score: 2) by edIII on Thursday November 21 2019, @06:22AM (2 children)

      by edIII (791) on Thursday November 21 2019, @06:22AM (#922883)

      Isn't there a Supreme Court decision regarding who owns the trash you put on the side of the street? I believe they decided that you gave away all rights to the property when you did it.

      --
      Technically, lunchtime is at any moment. It's just a wave function.
      • (Score: 0) by Anonymous Coward on Thursday November 21 2019, @06:01PM

        by Anonymous Coward on Thursday November 21 2019, @06:01PM (#923075)

        I believe it counts as abandoned property, yes.

      • (Score: 2) by Chocolate on Saturday November 23 2019, @06:10AM

        by Chocolate (8044) on Saturday November 23 2019, @06:10AM (#923715) Journal

        A person who lived in a complex where I used to reside would park their car in my space. They saw my marked space empty a lot of the time so parked there. The letter I left on their windshield basically said 'Please move your car. Leaving private property on someone else's land may result in the property being sold to recover costs involved with disposal'.

        The person went into an absolute rage. Banging on doors, shouting, threats. The police will not do anything until a complaint is made and damage is done. In the end he did move his car, and stopped parking there.

        The law does say property left on private property can be disposed of if not claimed. A reasonable effort and time, based on the value of the property, determines when it can be destroyed or sold. Which is why my notice stated the car was worth $100. Minimal notice needed, and it's the price paid by local junkyards for old vehicles to be trashed.

        --
        Bit-choco-coin anyone?
    • (Score: 3, TouchĂ©) by Runaway1956 on Thursday November 21 2019, @02:46PM

      by Runaway1956 (2926) Subscriber Badge on Thursday November 21 2019, @02:46PM (#922982) Journal

      makes it likely I prepare for war with the wrong person.

      Nahhhh - a good war is worth it, even if you get the "wrong person". Ask Boeing, and Raytheon, or any of the Military Industrial Complex.

  • (Score: 0) by Anonymous Coward on Thursday November 21 2019, @05:48AM (2 children)

    by Anonymous Coward on Thursday November 21 2019, @05:48AM (#922874)

    I believe they are magnetic to make it easier for the officer to attach them easily. I remember a case a while back where an officer went into someone's yard to attach one of these trackers to a car without a warrant. IIRC, that case is why they need a warrant to use these trackers instead of just attaching them to cars at will.

    • (Score: 0) by Anonymous Coward on Thursday November 21 2019, @06:24PM (1 child)

      by Anonymous Coward on Thursday November 21 2019, @06:24PM (#923087)

      Drive a Corvette. Magnetic doesn't work too well on fiberglass/aluminum.

      • (Score: 1) by Sulla on Thursday November 21 2019, @09:15PM

        by Sulla (5173) on Thursday November 21 2019, @09:15PM (#923149) Journal

        So GM ran all of those commercials about how ford's aluminum vehicles were garbage and then removed the steel frame from the corvette? At least on the ford trucks they doubled the size of their steel frames when they switched to aluminum body panels.

        --
        Ceterum censeo Sinae esse delendam