Government agents can sneak onto your property in the middle of the night, put a GPS device on the bottom of your car and keep track of everywhere you go. This doesn't violate your Fourth Amendment rights, because you do not have any reasonable expectation of privacy in your own driveway - and no reasonable expectation that the government isn't tracking your movements.That is the bizarre - and scary - rule that now applies in California and eight other Western states. The U.S. Court of Appeals for the Ninth Circuit, which covers this vast jurisdiction, recently decided the government can monitor you in this way virtually anytime it wants - with no need for a search warrant.
Note that this isn't NewsMax or some right wing nutblog like The Phantom Soapbox, this is Time Magazine. Obama's on the cover every week. Liberal Central Time Magazine is concerned that this time the Ninth Circus may have gone a little too far. Welcome to the party boys, about time you showed up.
Here's a fun bit toward the end of the article, a <gasp!> CONSERVATIVE judge is the only one who came out hard against this farce.
Chief Judge Alex Kozinski, who dissented from this month's decision refusing to reconsider the case, pointed out whose homes are not open to strangers: rich people's. The court's ruling, he said, means that people who protect their homes with electric gates, fences and security booths have a large protected zone of privacy around their homes. People who cannot afford such barriers have to put up with the government sneaking around at night.Judge Kozinski is a leading conservative, appointed by President Ronald Reagan, but in his dissent he came across as a raging liberal. "There's been much talk about diversity on the bench, but there's one kind of diversity that doesn't exist," he wrote. "No truly poor people are appointed as federal judges, or as state judges for that matter." The judges in the majority, he charged, were guilty of "cultural elitism."
The author, Adam Cohen, thinks that limited government and respect for private property are liberal values.
I think Mr. Cohen just woke up and discovered he's been mugged by his own side. He's having a "WTF?!!!" moment. Lot of that going around lately.
Cohen, a lawyer, is a former TIME writer and a former member of the New York Times editorial board.