Federal Judge Rules #FBI Can Put A GPS Device On Your Car If They Consider You A ‘Threat’

Posted: May 5, 2015 in Politics

Yasir-Afifi-gps

A federal judge threw out claims by a California man who became a media sensation after he found a government GPS tracker in his car.

Yasir Afifi says he was due for an oil change in October 2010 when he discovered the GPS device. Based on feedback he received after uploading photos of the device onto the Internet, Afifi determined that it was government issued.

FBI agents descended on Afifi’s apartment that day, and two unmarked vehicles followed Afifi when he went out, his amended complaint alleges. When the agents pulled him over, they allegedly admitted that the bureau had been tracking Afifi’s movements. Afifi says he turned over the tracker as these agents inquired as to whether he was a threat to national security and if he had traveled to Yemen.

The encounter allegedly ended with Kanaan informing Afifi that the bureau did not consider him a security threat and he returned the GPS device to the agents.

Afifi claimed that the warrantless tracking of his movements violated his Fourth Amendment rights and that agents violated the Privacy Act by “maintaining records of his First Amendment activities.”

He also claimed that the tracking “created an objective chill” on his First Amendment activities, but U.S. District Beryl Howell threw out the case Thursday.

Finding that the FBI agents are entitled to qualified immunity, Howell said that “neither the Fourth Amendment nor First Amendment rights he [Afifi] seeks to vindicate in this suit were clearly established at the time and in the place where the challenge conduct occurred.”

Full Story @ [MassPrivateI]

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