Rights Upheld

Last fall, I posted about a right-to-privacy case that involved police planting a GPS tracker in a suspect’s car without court sanction.  To briefly recap,  police wished to track the comings and goings of a suspected drug trafficker, so they obtained a search warrant for planting a GPS tracker on the suspect’s car.  In execution, though, the police had let the warrant expire before they acted on it, and then they planted the tracker outside the warrant’s jurisdiction.

The government argued that attaching the tracker to a car’s underside was too trivial a violation of property rights to matter, and further that no one who drove on public streets could expect his movements to go unmonitored.  Of course it was exactly this sort of cynical arrogance that contributed to our Founders’ writing into our Bill of Rights a requirement for the government to show cause to and get permission from a court before that government could invade and search an individual or his property.  Indeed, many of the government’s men understood this today; albeit they were breathtakingly careless in the execution: police had, in fact, obtained a warrant to attach the tracker, but within the District of Columbia.  However, they then installed the device after the warrant had expired and while the car was parked in Maryland.

Today, reports The Wall Street Journal, the Supreme Court handed down its ruling.  In a unanimous opinion, the Court said that police must obtain a warrant before attaching a GPS tracker to a suspect’s vehicle—the Founders’ view, and American rights, were vindicated and upheld.

Still, the Court split in its opinion.  Justice Antonin Scalia, in the five-Justice majority opinion, held that the 18th century concept of “persons, houses, papers, and effects” included such private properties as 21st century automobiles in the 4th Amendment protection against unreasonable searches (and seizures).  Thus, the 4th Amendment is technology-agnostic: our rights appertain to us, not to our property.  But we knew that from our Declaration of Independence.

Justice Samuel Alito went even further, in a dissenting concurring opinion (signed  onto by the likes of Justices Elena Kagan, Ruth Bader Ginsberg, and Stephen Breyer).  Alito held that the warrantless (unwarranted?) GPS tracker implant not only violated the victim’s right of privacy, it violated his  “reasonable expectation of privacy,”  because, as the Court had held as long ago as 1967, “the Fourth Amendment protects people, not places.”

Alito was quite clear in his reasoning, as summarized by the WSJ at the above link:

…a property-based approach was too narrow to guard against the proliferating threats to personal privacy modern technology posed.

In broadening Scalia’s argument, we see that technology agnosticism, again, with regard to our rights and freedoms.

In the end, the original obtaining of a warrant, coupled with the administration’s argument  that the warrantless search was only a trivial violation, demonstrates this administration’s utter cynicism when it comes to the rights and freedoms of Americans—and the continued need for the 4th Amendment to be applied rigorously and zealously.

It Isn’t Always the Government

The US Chamber of Commerce’s Institute for Legal Reform has settled on its view of the most ridiculous lawsuits of the just concluded year, borrowing from FacesOfLawsuitAbuse.org.  As the Institute points out, the US has been the lawsuit capital of the world for some time, and foolishness like these cases contributes to the title.

We can’t blame this idiocy on government, however.  I do have to wonder, though, at the lawyers who actually agree to take these things to court.  They must know the frivolous nature, so I speculate about their motives….

The most idiotic case is one that also demonstrates an amazing degree of chutzpah.  The criminal sues his victims because they didn’t keep their end of an extorted bargain.

Convict sues couple he kidnapped for not helping him evade police. A man who kidnapped a couple at knifepoint while he was running from the police is now suing the victims, claiming that they promised to hide him in exchange for an unspecified amount of money.  The plaintiff, currently in jail, is seeking $235,000 for the alleged “breach of contract.”

Here are more examples of our idiocy, beginning with one for the psychiatrist’s couch.  “It all began when I was little, and my mummy violated my Oedipus Complex….”

Young adults sue mother for sending cards without gifts and playing favorites. The plaintiffs, now 20 and 23, claimed the mother “sometimes didn’t include gifts in cards sent to her children; played favorites with her children…did not send care packages until his sixth semester away at college…changed her surname, thus ‘causing attention’ at her daughter’s school events; and refused to buy her a homecoming dress.”

Poor babies….  Let’s see, now.  I didn’t get a care package, ever.  And my mother never bought me a homecoming dress, either.  Or a tux, which would have fit me better.  Or even rent me one.  Hmm….

Everyone’s a critic, too.  Opinions, though, are as ubiquitous as certain body parts; no one is obligated to hear or view either.

Woman sues over movie trailer; says not enough driving in ‘Drive’. A Michigan woman who claims she was misled by the trailers for the movie ‘Drive’ is suing the distributors of the film.  She says she was disappointed by the lack of driving in the film and was expecting something more similar to the ‘Fast and Furious’ films.

Back to misbehaving mothers:

Mom files suit against exclusive preschool over child’s college prospects. A New Yorker is suing a private preschool, saying the school’s curriculum has seriously hurt her 4-year-old’s chances of getting into an Ivy League college.

This assumes an Ivy League education is a worthy goal.  If the private preschool is living up to Mom’s allegations, they’re actually doing little Buffy a favor.  Oh, great—now the Ivy Leaguers are going to sue….

All I can say about the next one is that it’s a good thing he didn’t pull either one of these stunts in Texas.

Man sues bar for not disarming him before he started drinking (and fighting). A Pennsylvania man illegally brought a gun into a bar, then got injured in a drunken shootout with another patron, and now has sued the bar for not searching him for a weapon on his way in.

Finally, there’s this.

Mother sues Chuck E. Cheese – says games encourage gambling in children. A California woman has filed a lawsuit against Chuck E. Cheese on the grounds that their games are actually an illegal form of gambling and could get kids hooked. She is seeking at least $5 million; the restaurant says the games are legal and has asked a judge to dismiss the suit.

I played bingo in grade school, matched pennies in junior high, and played poker all through high school.  Nine to two Mom (what is it about mothers?) loses this one.