Tuesday, March 2, 2021

Man takes off GPS tracker that showed up on his vehicle... Then was arrested for "theft" of said device by cops... Huh?

If the title was a bit confusing, here's a sequence of events. You can also read a full article from Ars Technica

  • The guy is suspected of being a drug dealer
  • The sheriff's department obtained a warrant to add a GPS tracker to his vehicle without his knowledge
  • The guy found the tracker, which is NOT marked. So he removed it and left it in the house. 
  • The sheriff's department used that pretext for a warrant to search his home... "theft of public property".
  • The sheriff's department found drugs and paraphernalia and the tracker and charged him. 
  • Guy's lawyer argued that the search warrant to search his house was illegal... because "removing an unmarked black box from my own car that doesn't belong can't possibly be construed as theft". 
  • The regular court ruled against him, so he appealed. 
  • The appeals court ruled against the guy, so he appealed again. 
  • State Supreme Court ruled that the guy's right... It's not theft if there's no way to know who it belonged to, and he certainly has no obligation to leave it on his vehicle. 
  • State Supreme Court also ruled that "good faith exception" does NOT apply. Basically, if the officers have a good reason to believe the warrant was properly obtained, what they seized as evidence can count, even though the warrant may later be invalidated. State Supreme Court basically said that there are MANY reasons why the GPS may have stopped transmitting, and the simple fact that it had stopped was NOT sufficient reason to suspect "theft" of the device by the suspect. 
  • As a result, ALL evidence seized from that raid are suppressed (cannot be used against him in a trial)
Need a bit of common sense here... Basically, the sheriff's dept is a bit lazy... they don't want to dedicate a guy to follow him around, so they decided to leave a tracker and just check his destinations and where he stops. Nothing wrong with that. But when the GPS stopped transmitting, their mistake was to use that to contrive a reason to search the house. 

No comments: