a mechanic doing an oil change on his car in October discovered the device stuck with magnets between his right rear wheel and exhaust. They weren't sure what it was, but Afifi had the mechanic remove it and a friend posted photos of it online to see whether anyone could identify it. Two days later, Afifi says, agents wearing bullet-proof vests pulled him over as he drove away from his apartment in San Jose, Calif., and demanded their property back.
How dumb can they get?
I mean, first they bug his car illegally, then they
admit that it's their property, then they threaten him to get it back.
The federal appeals court in the Washington circuit where Afifi's case was filed ruled in August that the collection of GPS data amounts to a government "search" that required a warrant.
YEA!! A court standing up to the feds!
The Obama administration asked the court to change its ruling, calling the decision "vague and unworkable" and arguing that investigators will lose access to a tool they now use "with great frequency."
I see nothing vague about the ruling. If they want to put a GPS tracker (or presumably any other sort of tracker) on someone's car, they have to get a warrant. Period. Simple.
As for the current frequency of use, that's scary, esp. if it's without a warrant.
The lawsuit says the agents who showed up to collect the device were "hostile," threatening to charge Afifi if he didn't immediately cooperate and refusing his request to have a lawyer present.
I can't see this happening, no... none of us have ever seen or heard examples of law enforcement overstepping their authority, have we? Or being hostile or intimidating?
(yes, that's sarcasm)
I think if I found something like that, I'd put it on a bus or a cab or a garbage truck or drive to some random church or sports venue or bar (or airport?) & tag a car there. Maybe even a cop car. The Chief of Police?