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GLENN: And then we have this story, which I find absolutely incredible. How would you feel if I said the police can put a GPS device on your car and track you anywhere you go? They could legally let me go a step further. You're not even a suspect in anything. They just said, "You know what, I want to watch where Stu is going," and they just put a GPS tracking device on your car and can track you anywhere.
STU: And I'm not suspected of anything.
GLENN: You are not nope.
STU: So how did they get the warrant?
GLENN: They don't need a warrant. I mean, I'm living in fantasy land. They don't even need a warrant. They just do it.
STU: It seems like fantasy land.
GLENN: Right, right. Here's the story out of the Chicago Tribune today. Wisconsin court upholds GPS tracking by police. Wisconsin police, from Madison, Wisconsin, Wisconsin police can attach GPS to cars to secretly track anyone's movements without obtaining a search warrant. This according to appeals court in Madison, Mississippi. 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 it against abuse by police and private, 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.
STU: Well, hold on. Let me try this opinion out for the first time on national radio as I just thought about it 13 seconds ago, okay?
GLENN: Go ahead.
STU: Isn't this what we want from judges? They are not being activists. They are not they are analyzing the law, they are saying what it says and then they are saying you should change it because it's a bad idea.
GLENN: It's Madison, Wisconsin!
STU: Right, but isn't that
GLENN: Yes, you are exactly right, but do you think Madison, Wisconsin's going to do that?
STU: But they can't if they're analyzing the law
GLENN: Nope, I got it. I got it.
STU: We're not saying they did analyze the law correctly. I'm assuming that part of it. But if they did analyze the law correctly, that is their job as a judge. This is what we complain of.
GLENN: That is their job, yes, not to regulate from the bench.
STU: Right. So hopefully maybe we can celebrate the fact that the cop knows where to go at all times.
GLENN: Now we need the second part. For instance, if this were happening in Texas, I know that the Texas legislature would go, "What!" And they would fix that.
STU: Right. They will pass a law.
GLENN: But here's where it gets "Feel good." Stu, Lisa's being talked by an old boyfriend.
STU: She is?
GLENN: Yes.
STU: That's terrible.
GLENN: I know. She's been stalked. And the guy is everywhere she goes. She'll go out to her car and he'll be there in his car just waiting for her, hassling her, saying awful things to her. She's already filed a restraining order. She's called the police. The police can't do anything, unless they catch him. And they can't catch him.
STU: Because he is not doing anything that's apparently illegal.
GLENN: No, he's hassling her, she's put a restraining order and she can't prove that he's there. He says he's not even in town. Can't the police do something? You know what would be great? Is if the police could go to his house and as long as his car's parked out front, if it's in the garage, it's a different story. But as long as the police can come and just put a tracking device on his vehicle, they would be able to prove it. They would use that in court and he would go to jail. That's exactly why they did it. And it's exactly why it's gone to court.
STU: As bad as it is, though, it's not as bad as the private part which is that the stalker can go put it on the car and they can't do anything about it.