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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, 2011 |
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