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Thread: SB 685 GPS BILL Just passed the Senate

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    Accomplished Advocate peter nap's Avatar
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    SB 685 GPS BILL Just passed the Senate

    Black argued for it.

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    Regular Member mk4's Avatar
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    ...and the companion house bill, hb1298, was just engrossed and passed to 3rd reading.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Regular Member mk4's Avatar
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    HB1298 - 03/05/12 House: Read third time and passed House (98-Y 0-N)
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Accomplished Advocate peter nap's Avatar
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    They are bulldog determined on the strangest things this year.

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    Regular Member mk4's Avatar
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    no kidding...
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    They are bulldog determined on the strangest things this year.
    I would imagine that this has been sold as a requirement to ensure that our LEOs stay in compliance with the recent court orders. They're probably being told that without this law, our LEOs will probably end up doing things that will get cases thrown out and put criminals out on the streets.

    Just a guess.

    TFred

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    Regular Member mk4's Avatar
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    Quote Originally Posted by TFred View Post
    I would imagine that this has been sold as a requirement to ensure that our LEOs stay in compliance with the recent court orders. They're probably being told that without this law, our LEOs will probably end up doing things that will get cases thrown out and put criminals out on the streets.

    Just a guess.

    TFred
    i'd say a pretty good guess.
    both bills contain: "2. That an emergency exists and this act is in force from its passage."
    they want this on the books sooner than yesterday.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Campaign Veteran skidmark's Avatar
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    This is getting a good deal of attention around the blogosphere. Most folks are linking from http://cursesfoiledagain2.wordpress....ng-in-virgina/

    URGENT! Frightening bills to allow secret GPS tracking in Virgina!Update 4: The senate version has passed, unanimously. It looks like the House version has not but is still in play, but the House has adjourned for the day. Unless the House rejects both versions, it looks like this will become Virginia law within the next day or so.
    Considering that the House version passed out of committee on a unanimous vote, I think we’re buggered.
    —–
    Update 2: I should have done this from the start, but I’d like to ask anyone who reads this and has a blog to help spread the word. If we can get enough Virginians contacting their representatives before these bills come up for a vote, maybe we can kill them by a significant margin. The governor is the one who requested the measure, so if either bill passes both houses there is little doubt that he will sign. There is an “emergency” provision in each bill that specifically states it becomes effective immediately, rather than July 1 like most bills.
    and then adding their own comments.

    We discussed this here http://forum.opencarry.org/forums/sh...FTER-crossover!) after it was introduced with highly unusual timing. Will anyone in the GA raise that issue? I have donut holes that I am willing to put up in the event feels like losing a wager.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
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    Regular Member mk4's Avatar
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    Quote Originally Posted by skidmark View Post
    We discussed this here http://forum.opencarry.org/forums/sh...FTER-crossover!) after it was introduced with highly unusual timing. Will anyone in the GA raise that issue? I have donut holes that I am willing to put up in the event feels like losing a wager.

    stay safe.
    considering that *both* bills passed, what chance is there at anything negatively impacting their enactment, other than a veto of course? isn't it, essentially, a "done deal", especially with the bills being introduced at the request of the governor?
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by mk4 View Post
    considering that *both* bills passed, what chance is there at anything negatively impacting their enactment, other than a veto of course? isn't it, essentially, a "done deal", especially with the bills being introduced at the request of the governor?
    Seeing as how both bills were introduced at the request of the Governor, I doubt that he would veto either of them should one or the other pass both houses.

    The question(s) are going to be:

    1) which version does the Governor believe most closely matches what he wanted? (Come on, skid, they were word-for-word identical bills! You are really saying which house and which legislotor does he love more.) (Why, yes, that's exactly what I'm saying.)

    2) Who is going to be able to get past the secrecy of the legislation once it is enacted and discover that they were victimized by the denial of civil rights when a GPS search warrant was used to collect evidence that resulted in a conviction? Appeals that one's conviction was improper because the law that allowed the cops to secure and serve a search warrant was somehow illegal are somewhat difficult to phrase. I imagine they are going to be even more difficult to win.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Activist Member nuc65's Avatar
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    Quote Originally Posted by skidmark View Post
    Seeing as how both bills were introduced at the request of the Governor, I doubt that he would veto either of them should one or the other pass both houses.

    The question(s) are going to be:

    1) which version does the Governor believe most closely matches what he wanted? (Come on, skid, they were word-for-word identical bills! You are really saying which house and which legislotor does he love more.) (Why, yes, that's exactly what I'm saying.)

    2) Who is going to be able to get past the secrecy of the legislation once it is enacted and discover that they were victimized by the denial of civil rights when a GPS search warrant was used to collect evidence that resulted in a conviction? Appeals that one's conviction was improper because the law that allowed the cops to secure and serve a search warrant was somehow illegal are somewhat difficult to phrase. I imagine they are going to be even more difficult to win.

    stay safe.
    See now, I thought LEO/LEA wouldn't do something in secret unless it was absolutely necessary for my health and safety. Hey if we can harm the liberties of 100 innocent men to catch that one {probably} guilty man shouldn't we? Huh? What do you think this is? A republic, you think you should have inalienable rights (whatever in the h*ll those are)?
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  12. #12
    Campaign Veteran skidmark's Avatar
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    Quote Originally Posted by nuc65 View Post
    ....What do you think this is? A republic, you think you should have inalienable rights (whatever in the h*ll those are)?
    Not that it matters now that they are gone, but the Founders knew why they were "unalienable". And the stories about the copyist writing them on some versions as "inalienable" because they mean the same thing is just that - a bunch of fairy stories.

    Yes, I grew up in a time when specific words had specific meaning, as opposed to how these days it is virtually the same.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Regular Member Repeater's Avatar
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    Quote Originally Posted by skidmark View Post
    Seeing as how both bills were introduced at the request of the Governor, I doubt that he would veto either of them should one or the other pass both houses.

    The question(s) are going to be:

    1) which version does the Governor believe most closely matches what he wanted?

    stay safe.
    GPS Tracking Bill Backed in VA Senate
    Law enforcement, in particular, are scrambling to determine what constitutes legal use of GPS tracking technology. A couple of bills are floating around the Virginia Senate and House to remedy the lack of legal guidelines around this new technology. Recently, one of these bills gained some traction in the form of sponsoring by Sen. Bryce Reeves (R-Spotsylvania).

    Reeves, a former police detective, backed the bill which explicitly requires police to obtain a warrant from a judge or magistrate before attaching a GPS tracking device to a suspect’s vehicle. “It just holds law enforcement accountable for that,” explained Reeves. The original bill was significantly revised by members of the Senate Courts of Justice committee. These changes take into account the difficulties of getting a warrant in rural parts of the country, allowing law enforcement to get warrants from circuit judges and general district judges. Sen. Ryan McDougle (R-Hanover) explains, “In rural jurisdiction, that could put some burdens on the system.” Meaning that outside of cities, a circuit judge might not be available or have to recuse him or herself if the warrant is subject to a challenge.

    Another major adjustment to the bill was made in regards to notifying the suspect. In most search warrant cases, the suspect is able to view the warrant at the time police conduct the home or vehicle search. GPS tracking, however, is most effective when done without the suspect’s knowledge. Under the revised bill, the suspect is granted a copy of the warrant within 10 days after the tracking is complete. The bill is currently waiting on a decision from the full Senate.
    No mention of permanent sealing.

    It's one thing to use GPS on Coon Hunting dogs, but we're not dogs.
    Last edited by John Pierce; 10-14-2013 at 10:50 AM.

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    Regular Member mk4's Avatar
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    Quote Originally Posted by skidmark View Post
    Seeing as how both bills were introduced at the request of the Governor, I doubt that he would veto either of them should one or the other pass both houses.
    exactly!

    now we're in the situation of needing the ga to fix the situation, dependent upon how this statute gets used over the next x number of months and how case law (as interpretation of statute) plays out.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Regular Member mk4's Avatar
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    Quote Originally Posted by Repeater View Post
    It's one thing to use GPS on Coon Hunting dogs, but we're not dogs.
    regarding this statute, we're just the same now. it's gonna be enacted, and we'll hafta fight to get it fixed, post-facto, if it's abused. not that leo/lea would ever do that... right?
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Activist Member nuc65's Avatar
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    Quote Originally Posted by skidmark View Post
    Not that it matters now that they are gone, but the Founders knew why they were "unalienable". And the stories about the copyist writing them on some versions as "inalienable" because they mean the same thing is just that - a bunch of fairy stories.

    Yes, I grew up in a time when specific words had specific meaning, as opposed to how these days it is virtually the same.

    stay safe.
    I've said the same thing on this board regarding spelling and grammar, but was told it wasn't important by the same gents that will then go on to split a hair over word choice in a legal bill...

    Words will always matter, knowing the 'write' one is important (there is not the same as their is not the same as they're).

    I used 'inalienable' as sarcasm.
    When I carry a gun, I don't do so because I am looking for a fight, but because I'm looking to be left alone. The gun at my side means that I cannot be forced, only persuaded. I don't carry it because I'm afraid, but because it enables me to be unafraid. It doesn't limit the actions of those who would interact with me through reason, only the actions of those who would do so by force.

    excerpt By Marko Kloos (http://munchkinwrangler.wordpress.com/?s=major+caudill)

  17. #17
    Regular Member Thundar's Avatar
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    THis is just another form of state sanctioned spying. The good people who wish to keep their privacy, dignity and their constitutional rights intact need GPS jammers and cell phone jammers to stay ahead of the po-po spies these days.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member mk4's Avatar
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    HB1298 just passed the senate with a substitute, 40 to 0.
    http://leg1.state.va.us/cgi-bin/legp...121+sum+HB1298

    SB685 passed the house with a substitute, 97 to 0.
    http://leg1.state.va.us/cgi-bin/legp...?121+sum+SB685

    so either a conference is coming or the bill substitutes are equivalent. haven't had the time to compare them.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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    Regular Member TFred's Avatar
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    Quote Originally Posted by mk4 View Post
    HB1298 just passed the senate with a substitute, 40 to 0.
    http://leg1.state.va.us/cgi-bin/legp...121+sum+HB1298

    SB685 passed the house with a substitute, 97 to 0.
    http://leg1.state.va.us/cgi-bin/legp...?121+sum+SB685

    so either a conference is coming or the bill substitutes are equivalent. haven't had the time to compare them.
    The last two versions on their respective LIS pages are identical.

    TFred
    Last edited by TFred; 03-08-2012 at 01:23 PM. Reason: Clarity

  20. #20
    Regular Member mk4's Avatar
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    Quote Originally Posted by TFred View Post
    The last two versions on the LIS page are identical.

    TFred
    beat me to it, T. you read fast!
    basically off to the the gov, then.
    “For life, liberty and Little Lizzie.” - John Connor (2005)

  21. #21
    Regular Member TFred's Avatar
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    Quote Originally Posted by mk4 View Post
    beat me to it, T. you read fast!
    basically off to the the gov, then.
    I work in a software shop... text comparison programs... Good for more than just source code!!



    TFred

  22. #22
    Regular Member mk4's Avatar
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    Quote Originally Posted by TFred View Post
    I work in a software shop... text comparison programs... Good for more than just source code!!



    TFred
    well that's handy!
    “For life, liberty and Little Lizzie.” - John Connor (2005)

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