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We have spoke about the SC ruling on gps tracking being a search but did not technically answer the question of whether a warrant was needed. Has anyone done a warrant for a tracking device and can I get a copy? Thanks
 
Posts: 11 | Location: Sugar Land, Tx, USA | Registered: August 30, 2005Reply With QuoteReport This Post
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Thanks Jannette for the quick response!!
 
Posts: 11 | Location: Sugar Land, Tx, USA | Registered: August 30, 2005Reply With QuoteReport This Post
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Jannette/Sgt would you share with me too !
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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Not sure the SC said a warrant was necessary in all cases. As best I understand, General Counsel at DPS is willing to fight for the current Art. 18.21, Sec. 14 scheme. I know I am. A suggestion has been made by some to change "reasonable suspicion" language to "probable cause" where possible, in the affidavit. The Jones ruling is a plurality opinion, and is, at best, confusing. I just don't think a "bright line" was written. I have modified the one we use to specifically allow for a trespass onto private property to install the tracker, and a specific allowance for removal of the device for maintenance, or to preserve the integrity of the device or investigation, and to reattach it at a later date. I don't know if either of those are necessary, but I think they help to clarify some issues.
 
Posts: 218 | Location: The Border | Registered: April 08, 2011Reply With QuoteReport This Post
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I'm about to teach a class for law enforcement and was looking for examples of what is being done in different jurisdictions. Would like to have a copy of what you are using.
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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Stacey check your email. Smile
 
Posts: 218 | Location: The Border | Registered: April 08, 2011Reply With QuoteReport This Post
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Thank you !
 
Posts: 641 | Location: Longview, Texas | Registered: October 10, 2001Reply With QuoteReport This Post
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