U.S. v. Jones: A Victory for Privacy Rights?

Yesterday, the United States Supreme Court announced an important new decision which should make all believers in freedom and privacy rights breathe a little bit easier.  In United States v. Jones, the Supreme Court held that the Fourth Amendment prohibits the police from using GPS devices to track a suspect's movements without first obtaining a search warrant.  In other words, warrantless use of GPS devices are no longer allowed! 

In the Jones case, the police were investigating a nightclub owner for alleged drug trafficking.  They had surreptitiously installed a GPS device on Mr. Jones' Jeep Grand Cherokee and were tracking his moevements, all without first obtaining a warrant.  The government had argued that no warrant was necessary.  However, the Supreme Court held otherwise and gave new hope to freedom lovers everywhere!

As a former federal prosecutor, (and currently, as an Augusta, Ga. criminal defense attorney), I strongly agree with this important decision!  First of all, I submit that it is not that difficult for police to simply obtain a search warrant in an appropriate case.  Moreover, I believe that, in a free society, in which our privacy rights are constantly being threatened by technology, it is important to see the Supreme Court protect us and stand as a bulwark of freedom!

It will be interesting to see the caselaw develop in this area of the law.  What do you think?

The Police, Data Extractions Devices, and Our Shrinking Privacy Rights

                                           [Photo from cbsnews.com]

This has not been a good week for lovers of freedom and the right to privacy!  First of all, we learned from various news reports that Apple's iPhone gathers easily accessed data about everywhere the phone user has been.  I reported on this news story yesterday in my divorce law blog.  (http://www.divorcelawyerinaugustageorgia.blogspot.com/)  There, I focused on the point that divorce lawyers may start seeking iPhone records in order to prove adultery in divorce cases.  I also pointed out the potential for abuse of this new technology by over-zealous police officers in criminal investigations.

                                          [Photo from celebrite.com]

Then, yesterday, we learned from various news reports, that the Michigan State Police have obtained  another new device, called data extraction devices, ("DEDs"), which could also lead to some dangerous possibilities, in the eyes of freedom lovers everywhere.  DEDs, as shown above, are portable devices which are designed to download personal information from cell phones.  Apparently, DEDs will bypass any security feature on your cell phone and gather all the data on it.  According to news reports, the Michigan ACLU has written the director of the Michigan State Police to see whether or not police there have been snooping and surreptitiously gathering text messages, telephone numbers, photos, and even GPS information from citizens' cell phones during routine traffic stops.  If so, in my opinion, this would clearly violate the citizens' right to privacy and Fourth Amendment rights.  The police agency has reportedly denied that any unauthorized snooping has occurred.  But one can only wonder, then, why have the Michigan police obtained the DEDs in the first place?

So, don't you see, this has not been a good week for lovers of freedom and the right to privacy!  What is your opinion about these news stories?

Police Surveillance Cameras: Is Big Brother Watching You?

What is your opinion about the trend for police departments to install more and more surveillance cameras throughout American cities?  According to a new report by the ACLU of Chicago, there are now more than 10,000 cameras located in public places in Chicago, generally on street corners.  But the Windy City is certainly not unique! Police surveillance cameras are probably coming to your community soon, too! 

Law enforcement agencies reportedly utilize these cameras to watch gang and other criminal activity.  The cameras could also be helpful in the fight against terrorism, too.  In many cases, police can actually use the cameras to zoom in on anybody they are tracking.  In my opinion, that is where potential Fourth Amendment violations are most likely to occur.

So, what do you think about this trend?  Do you want more and more cameras watching not only the "bad guys," but also you and me, too?  As a former federal prosecutor, part of me recognizes the usefulness of cameras to law enforcement.  However, as a freedom-loving American citizen, part of me also fears the potential for abuse and invasion of privacy, too.

What is your opinion?  Do you mind if Big Brother is watching you, too?