In oral arguments in Mexican Gulf v. US Department of Commerce, the panel of the US Appeals Court for the Fifth Circuit argued that a federal regulation requiring charter boats taking clients on recreational fishing trips to be tracked by the government 24/7 via GPS tracking is a violation of the constitution. The tracking is required whether the charter boats are being used for non-fishing and personal reasons.
The case hinges on the “closely regulated” exception to the Fourth Amendment. The exception was created because certain industries are so closely regulated that the expectation of privacy has been diminished.
Over the years, lower courts have expanded the “closely regulated” exception to include many industries just because the industries have some regulation.
In 2015, the Supreme Court attempted to stop the expansion of “closely regulated,” by ruling that the exception should not apply to an industry just because it is regulated. It said the exception was supposed to cover industries that are closely regulated because of the public danger risk it carries.
In the Mexican Gulf v. US Department of Commerce case, a district court ruled in favor of the agency, arguing that fishing, whether commercial or recreational, is closely regulated.
However, Judge Elrod, of the Fifth Circuit, disagreed with the district court, arguing that commercial fishing is closely regulated, not fishing in general. She also noted that “constant tracking is different from periodic inspection,” adding that “constant monitoring of your every move by the government is frightening to most people.”
Another member of the panel, Judge Oldham, said that there was no “conceivable justification” for the GPS tracking requirement,” and justification for warrantless searches is required even for closely regulated industries.
Before leaving dock, charter boats are required to leave trip declaration reports and state whether or not they are taking their clients to fish. Government agencies claim that GPS tracking is required to verify the reports.
Chief Judge Richman asked how the GPS tracking is “necessary and appropriate” to government agencies regulatory purposes, as required by the applicable statute, without evidence of inaccurate reporting.
Judge Oldham asked, “what is the evidence that the trip declarations and the logbooks are inaccurate such that you need to validate them with a GPS tracker that applies 24/7 whether they are taking their families to dinner or they’re going across the cove to get gas?”
He concluded that GPS tracking is “a solution in search of a problem.”
The oral arguments indicate what direction the case will take. However, a ruling has not been handed down yet.
Article cross-posted from Reclaim The Net.
Why One Survival Food Company Shines Above the Rest
Let’s be real. “Prepper Food” or “Survival Food” is generally awful. The vast majority of companies that push their cans, bags, or buckets desperately hope that their customers never try them and stick them in the closet or pantry instead. Why? Because if the first time they try them is after the crap hits the fan, they’ll be too shaken to call and complain about the quality.
It’s true. Most long-term storage food is made with the cheapest possible ingredients with limited taste and even less nutritional value. This is why they tout calories so much. Sure, they provide calories but does anyone really want to go into the apocalypse with food their family can’t stand?
This is what prompted the Llewellyns to launch Heaven’s Harvest. They bought survival food from multiple companies and determined they couldn’t imagine being stuck in an extended emergency with such low-quality food. They quickly discovered that freeze drying food for long-term storage doesn’t have to mean sacrificing flavor, consistency, or nutrition.
Their ingredients are all-American. In fact, they’re locally sourced and all-natural! This allows their products to be the highest quality on the market, so good that their customers often break open a bag in a pinch to eat because they want to, not just because they have to due to an emergency.
At Heaven’s Harvest, their only focus is amazing food. They don’t sell bugout bags, solar chargers, or multitools. They have one mission – feeding Americans in times of crisis.
What they DO offer is the ability for people to thrive in times of greatest need. On top of long-term storage food, they offer seeds to help Americans for the truly long-term. They want them to grow their own food if possible which is why they offer only Heirloom, Non-GMO, Non-Hybrid, Open-Pollinated seeds so their customers can build permanent food security on their own property.
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