9th Circuit Rules Government Can Track You With GPS Without a Warrant

Gee, will President Obama stand before our nation and denounce the recent ruling of the 9th Circuit Court of Appeals?

Time/Yahoo: Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn’t violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway – and no reasonable expectation that the government isn’t tracking your movements.

That is the bizarre – and scary – rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants – with no need for a search warrant.

It is a dangerous decision – one that, as the dissenting judges warned, could turn America into the sort of totalitarian state imagined by George Orwell. It is particularly offensive because the judges added insult to injury with some shocking class bias: the little personal privacy that still exists, the court suggested, should belong mainly to the rich.

This case began in 2007, when Drug Enforcement Administration (DEA) agents decided to monitor Juan Pineda-Moreno, an Oregon resident who they suspected was growing marijuana. They snuck onto his property in the middle of the night and found his Jeep in his driveway, a few feet from his trailer home. Then they attached a GPS tracking device to the vehicle’s underside.

After Pineda-Moreno challenged the DEA’s actions, a three-judge panel of the Ninth Circuit ruled in January that it was all perfectly legal. More disturbingly, a larger group of judges on the circuit, who were subsequently asked to reconsider the ruling, decided this month to let it stand. (Pineda-Moreno has pleaded guilty conditionally to conspiracy to manufacture marijuana and manufacturing marijuana while appealing the denial of his motion to suppress evidence obtained with the help of GPS.)

The reason this will not apply to the super-wealthy is that they can afford security that poor people can’t, so only they have the expectation of privacy on their own property, according to this ruling.

In his dissent, conservative Judge Alex Kozinski wrote:

1984 may have come a bit later than predicted, but it’s here at last. Some day, soon, we may wake up and find we’re living in Oceania.

I hope they take this case to the Supreme Court, before President Obama has a chance to appoint any more justices.