Wisconsin police can attach GPS to cars to secretly track anybody’s movements without obtaining search warrants, an appeals court ruled Thursday.
However, the District 4 Court of Appeals said it was “more than a little troubled” by that conclusion and asked Wisconsin lawmakers to regulate GPS use to protect against abuse by police and private individuals.
As the law currently stands, the court said police can mount GPS on cars to track people without violating their constitutional rights – even if the drivers aren’t suspects.
Officers do not need to get warrants beforehand because GPS tracking does not involve a search or a seizure, Judge Paul Lundsten wrote for the unanimous three-judge panel based in Madison.
That means “police are seemingly free to secretly track anyone’s public movements with a GPS device,” he wrote.
One privacy advocate said the decision opened the door for greater government surveillance of citizens. Meanwhile, law enforcement officials called the decision a victory for public safety because tracking devices are an increasingly important tool in investigating criminal behavior.
The ruling came in a 2003 case involving Michael Sveum, a Madison man who was under investigation for stalking. Police got a warrant to put a GPS on his car and secretly attached it while the vehicle was parked in Sveum’s driveway. The device recorded his car’s movements for five weeks before police retrieved it and downloaded the information.
The information suggested Sveum was stalking the woman, who had gone to police earlier with suspicions. Police got a second warrant to search his car and home, found more evidence and arrested him. He was convicted of stalking and sentenced to prison.
Sveum, 41, argued the tracking violated his Fourth Amendment protection against unreasonable search and seizure. He argued the device followed him into areas out of public view, such as his garage.
The court disagreed. The tracking did not violate constitutional protections because the device only gave police information that could have been obtained through visual surveillance, Lundsten wrote.
Even though the device followed Sveum’s car to private places, an officer tracking Sveum could have seen when his car entered or exited a garage, Lundsten reasoned. Attaching the device was not a violation, he wrote, because Sveum’s driveway is a public place.
“We discern no privacy interest protected by the Fourth Amendment that is invaded when police attach a device to the outside of a vehicle, as long as the information obtained is the same as could be gained by the use of other techniques that do not require a warrant,” he wrote.
Although police obtained a warrant in this case, it wasn’t needed, he added.
Larry Dupuis, legal director of the ACLU of Wisconsin, said using GPS to track someone’s car goes beyond observing them in public and should require a warrant.
“The idea that you can go and attach anything you want to somebody else’s property without any court supervision, that’s wrong,” he said. “Without a warrant, they can do this on anybody they want.”
Attorney General J.B. Van Hollen’s office, which argued in favor of the warrantless GPS tracking, praised the ruling but would not elaborate on its use in Wisconsin.
David Banaszynski, president of the Wisconsin Chiefs of Police Association, said his department in the Milwaukee suburb of Shorewood does not use GPS. But other departments might use it to track drug dealers, burglars and stalkers, he said.
A state law already requires the Department of Corrections to track the state’s most dangerous sex offenders using GPS. The author of that law, Rep. Scott Suder, R-Abbotsford, said the decision shows “GPS tracking is an effective means of protecting public safety.”
Saturday, May 16, 2009
Wisconsin court upholds GPS tracking by police
Ford Engineer Builds 125 MPG 3-Wheeler, Puts It On Ebay
John told EcoModder that “After working [on] improving conventional production car/truck fuel economy I wanted to try something with fewer constraints.”
I guess the Ford Escape Hybrid wasn’t cutting it.
He says the vehicle gets about 105 mpg when taken out on the highway, but that “when equipped with the pictured motorcycle tires (not included) and a smaller rear sprocket it achieved 125 mpg.”
According to the Ebay auction, where the bike’s listed for $15,600, the “motorbike” has the following specs:
- The engine is a 250cc liquid cooled, four stroke, DOHC 2 cylinder with a six speed transmission.
- It weighs just 505 lbs with a .16 coefficient of drag.
- It has 4 point seat belts, roll bar and front mounted IMPAXX crash foam as now used in NASCAR
- The front turn signals are integrated into the rear view mirrors for aerodynamics.
- Front headlight is a projector HID, the rest are LEDs.
Hopefully whoever buys it doesn’t have a police record.
John explained about one run in with the cops, “Four squad cars showed up, several houses of neighbors came out and the whole thing turned into a spectacle. No ticket, everyone was genuinely interested in ecomodding!”
I hope the motorbike eventually sells as his next project will be a plug-in hybrid.
Source [EcoModder]
In German Suburb, Life Goes On Without Cars
By ELISABETH ROSENTHAL
VAUBAN, Germany — Residents of this upscale community are suburban pioneers, going where few soccer moms or commuting executives have ever gone before: they have given up their cars.
Street parking, driveways and home garages are generally forbidden in this experimental new district on the outskirts of Freiburg, near the French and Swiss borders. Vauban’s streets are completely “car-free” — except the main thoroughfare, where the tram to downtown Freiburg runs, and a few streets on one edge of the community. Car ownership is allowed, but there are only two places to park — large garages at the edge of the development, where a car-owner buys a space, for $40,000, along with a home.
As a result, 70 percent of Vauban’s families do not own cars, and 57 percent sold a car to move here. “When I had a car I was always tense. I’m much happier this way,” said Heidrun Walter, a media trainer and mother of two, as she walked verdant streets where the swish of bicycles and the chatter of wandering children drown out the occasional distant motor.
Vauban, completed in 2006, is an example of a growing trend in Europe, the United States and elsewhere to separate suburban life from auto use, as a component of a movement called “smart planning.”
Automobiles are the linchpin of suburbs, where middle-class families from Chicago to Shanghai tend to make their homes. And that, experts say, is a huge impediment to current efforts to drastically reduce greenhouse gas emissions from tailpipes, and thus to reduce global warming. Passenger cars are responsible for 12 percent of greenhouse gas emissions in Europe — a proportion that is growing, according to the European Environment Agency — and up to 50 percent in some car-intensive areas in the United States.
While there have been efforts in the past two decades to make cities denser, and better for walking, planners are now taking the concept to the suburbs and focusing specifically on environmental benefits like reducing emissions. Vauban, home to 5,500 residents within a rectangular square mile, may be the most advanced experiment in low-car suburban life. But its basic precepts are being adopted around the world in attempts to make suburbs more compact and more accessible to public transportation, with less space for parking. In this new approach, stores are placed a walk away, on a main street, rather than in malls along some distant highway.
“All of our development since World War II has been centered on the car, and that will have to change,” said David Goldberg, an official of Transportation for America, a fast-growing coalition of hundreds of groups in the United States — including environmental groups, mayors’ offices and the American Association of Retired People — who are promoting new communities that are less dependent on cars. Mr. Goldberg added: “How much you drive is as important as whether you have a hybrid.”
Levittown and Scarsdale, New York suburbs with spread-out homes and private garages, were the dream towns of the 1950s and still exert a strong appeal. But some new suburbs may well look more Vauban-like, not only in developed countries but also in the developing world, where emissions from an increasing number of private cars owned by the burgeoning middle class are choking cities.
In the United States, the Environmental Protection Agency is promoting “car reduced” communities, and legislators are starting to act, if cautiously. Many experts expect public transport serving suburbs to play a much larger role in a new six-year federal transportation bill to be approved this year, Mr. Goldberg said. In previous bills, 80 percent of appropriations have by law gone to highways and only 20 percent to other transport.
In California, the Hayward Area Planning Association is developing a Vauban-like community called Quarry Village on the outskirts of Oakland, accessible without a car to the Bay Area Rapid Transit system and to the California State University’s campus in Hayward.
Sherman Lewis, a professor emeritus at Cal State and a leader of the association, says he “can’t wait to move in” and hopes that Quarry Village will allow his family to reduce its car ownership from two to one, and potentially to zero. But the current system is still stacked against the project, he said, noting that mortgage lenders worry about resale value of half-million-dollar homes that have no place for cars, and most zoning laws in the United States still require two parking spaces per residential unit. Quarry Village has obtained an exception from Hayward.
Besides, convincing people to give up their cars is often an uphill run. “People in the U.S. are incredibly suspicious of any idea where people are not going to own cars, or are going to own fewer,” said David Ceaser, co-founder of CarFree City USA, who said no car-free suburban project the size of Vauban had been successful in the United States.
In Europe, some governments are thinking on a national scale. In 2000, Britain began a comprehensive effort to reform planning, to discourage car use by requiring that new development be accessible by public transit.
“Development comprising jobs, shopping, leisure and services should not be designed and located on the assumption that the car will represent the only realistic means of access for the vast majority of people,” said PPG 13, the British government’s revolutionary 2001 planning document. Dozens of shopping malls, fast-food restaurants and housing compounds have been refused planning permits based on the new British regulations.
In Germany, a country that is home to Mercedes-Benz and the autobahn, life in a car-reduced place like Vauban has its own unusual gestalt. The town is long and relatively narrow, so that the tram into Freiburg is an easy walk from every home. Stores, restaurants, banks and schools are more interspersed among homes than they are in a typical suburb. Most residents, like Ms. Walter, have carts that they haul behind bicycles for shopping trips or children’s play dates.
For trips to stores like IKEA or the ski slopes, families buy cars together or use communal cars rented out by Vauban’s car-sharing club. Ms. Walter had previously lived — with a private car — in Freiburg as well as the United States.
“If you have one, you tend to use it,” she said. “Some people move in here and move out rather quickly — they miss the car next door.”
Vauban, the site of a former Nazi army base, was occupied by the French Army from the end of World War II until the reunification of Germany two decades ago. Because it was planned as a base, the grid was never meant to accommodate private car use: the “roads” were narrow passageways between barracks.
The original buildings have long since been torn down. The stylish row houses that replaced them are buildings of four or five stories, designed to reduce heat loss and maximize energy efficiency, and trimmed with exotic woods and elaborate balconies; free-standing homes are forbidden.
By nature, people who buy homes in Vauban are inclined to be green guinea pigs — indeed, more than half vote for the German Green Party. Still, many say it is the quality of life that keeps them here.
Henk Schulz, a scientist who on one afternoon last month was watching his three young children wander around Vauban, remembers his excitement at buying his first car. Now, he said, he is glad to be raising his children away from cars; he does not worry much about their safety in the street.
In the past few years, Vauban has become a well-known niche community, even if it has spawned few imitators in Germany. But whether the concept will work in California is an open question.
More than 100 would-be owners have signed up to buy in the Bay Area’s “car-reduced” Quarry Village, and Mr. Lewis is still looking for about $2 million in seed financing to get the project off the ground.
But if it doesn’t work, his backup proposal is to build a development on the same plot that permits unfettered car use. It would be called Village d’Italia.Original here
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