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News Link • Criminal Justice System

Judge warns of ‘Orwellian state’ in warrantless GPS tracking case

• RawStory.com

Police in Delaware may soon be unable to use global positioning systems (GPS) to keep tabs on a suspect unless they have a court-signed warrant, thanks to a recent ruling by a superior court judge who cited famed author George Orwell in her decision.

In striking down evidence obtained through warrantless GPS tracking, Delaware Judge Jan R. Jurden wrote that "an Orwellian state is now technologically feasible," adding that "without adequate judicial preservation of privacy, there is nothing to protect our citizens from being tracked 24/7."

The ruling goes against a federal appeals court's decision last summer that allowed warrantless tracking by GPS.

Jurden was ruling on the case of Michael D. Holden, who police say was pulled over with 10 lbs. of marijuana in his car last February. Holden was allegedly named by a DEA task force informant in 2009, and in early 2010, without obtaining a warrant, police placed a GPS device on his car, allowing them to follow him whenever he used the vehicle.

 

1 Comments in Response to

Comment by Ed Vallejo
Entered on:

What blew me away about this article was the ad next to the article:  It had a little girl about eight years old, with a backpack on.  The caption read to the effect that 'with GPS, you can know your child's location 24/7'!  It's not ok for the gubmint to track us, but it's ok to condition our children that it's ok to be tracked 'for safety'...

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