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re: Cops put GPS tracker on man’s car, charge him with theft for removing it

Posted on 11/24/19 at 8:43 am to
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 8:43 am to
quote:

Then they should serve the damn warrant instead of sneaking around and putting it on my vehicle without my knowledge.

The device being placed there is the warrant being served. Why this is so hard to understand is fricking amazing.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:44 am to
That's the main reason I am pitching a fit. I don't think they'll be able to make that one stick, but they will cause that individual a hard time just because they can.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:47 am to
How dense can you be? Did they drain water from your skull as a child?

A device could be placed on your vehicle by a private entity. Unless it has some markings on it IDing it as police property

You have no way of knowing WHO put that device on your car, and why. You might suspect why, but you don't know for certain.
Posted by Carl Tuckerson
The wind-swept plains
Member since Oct 2019
1026 posts
Posted on 11/24/19 at 8:47 am to
Yup, and I think until someone actually ends up fighting a charge, it's easy to underestimate how costly an encounter with the legal system can be, even if you're innocent.
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 8:51 am to
quote:

A device could be placed on your vehicle by a private entity. Unless it has some markings on it IDing it as police property

You have no way of knowing WHO put that device on your car, and why. You might suspect why, but you don't know for certain.

And literally in no scenario is that a violation of your 5th amendment rights. You are correct that anyone could have put it there, and you're under no obligation to keep it there. Everything else is just moronic. You haven't got the slightest of clues about warrants, the 4th amendment, or even the 5th amendment.
Posted by BobABooey
Parts Unknown
Member since Oct 2004
16213 posts
Posted on 11/24/19 at 8:53 am to
quote:

The device being placed there is the warrant being served

When the device stopped transmitting, more warrants were obtained to search the man’s house and barn for the device. Keep in mind that the device did not have anything that would help identify the owner and there wasn’t any evidence that the device was removed intentionally. Drugs and drug paraphernalia were found during these searches, if I remember correctly.

What’s to stop police from putting a device on your car and then obtaining a search warrant for your home and/or business when the device stops transmitting because of a technical issue, it fell off the car on its own, etc? The judge who issued the warrant shares much of the criticism, in my opinion.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 11/24/19 at 8:53 am to
quote:

I don’t like the idea of the police using tracking devices on us period though, even with a warrant.


if you own a cell phone, iPad, or other similar devices, they already have them


ETA: plus North Star, sat radio, etc.
This post was edited on 11/24/19 at 9:03 am
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:53 am to
You might be a shady character, with enemies. You could be an attorney, and not want people to know your whereabouts. There could be private individuals that would want to know your comings and goings.

Finding a device on your car, you have no way of knowing who put it there, and why. You'd have to be a moron to leave it there, it could even be detrimental to your safety.
Posted by antibarner
Member since Oct 2009
26927 posts
Posted on 11/24/19 at 8:56 am to
It'll get argued in the proper setting one day, in front of the right judge, and we will see about that.
Posted by PrivatePublic
Member since Nov 2012
17848 posts
Posted on 11/24/19 at 8:57 am to
Why not plead ignorance? How would they know he removed it instead if it just falling off?
Posted by MoarKilometers
Member since Apr 2015
21409 posts
Posted on 11/24/19 at 8:58 am to
quote:

What’s to stop police from putting a device on your car and then obtaining a search warrant for your home and/or business when the device stops transmitting because of a technical issue, it fell off the car on its own, etc? The judge who issued the warrant shares much of the criticism, in my opinion.

The 4th amendment. If you have enough reasonable cause to get the warrant on the vehicle GPS, you likely have enough to get other warrants. In this case it appears they also got those warrants. If they didn't get the warrant on the GPS, could be poison fruit.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 11/24/19 at 8:59 am to
quote:

Why not plead ignorance? How would they know he removed it instead if it just falling off?


just drive to your attorney's office, remove it and take it inside
Posted by Carl Tuckerson
The wind-swept plains
Member since Oct 2019
1026 posts
Posted on 11/24/19 at 9:01 am to
quote:

Why not plead ignorance? How would they know he removed it instead if it just falling off?

Probably because he didn't want to lie to the court about what he did when what he did clearly isn't criminal. The charge of theft is plain insanity. They gave HIM the device!
Posted by Hogbit
Benton, AR
Member since Aug 2019
3091 posts
Posted on 11/24/19 at 9:22 am to
Thats the way I see it. When the cops place it on his private property, they gave it to him to do with as he sees fit.
Posted by wildtigercat93
Member since Jul 2011
116458 posts
Posted on 11/24/19 at 10:49 am to
quote:

They gave HIM the device!


Yeah at the very least couldn’t you argue it’s entrapment?
Posted by DavidTheGnome
Monroe
Member since Apr 2015
31596 posts
Posted on 11/24/19 at 12:16 pm to
quote:

A lawyer for the government acknowledged that it wouldn't be theft to remove a tracking device put there by a private party. But he argued that things are different when the government has a warrant to use a tracking device. The device had a legal basis for being on the car, the lawyer argued. By removing it and preventing tracking, Heuring was depriving the government of the use of its property.



That lawyer is a POS. The case should not only be thrown out but there should be repercussions on the police department for even going that route in the first place.
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