July 09, 2012, 13:49
CIDSgtGPS Tracker- Warrant
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
July 10, 2012, 07:17
CIDSgtThanks Jannette for the quick response!!
September 25, 2013, 12:37
Stacey L. BrownleeJannette/Sgt would you share with me too !
September 27, 2013, 08:36
MDK27Not 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.
September 27, 2013, 15:15
Stacey L. BrownleeI'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.
September 30, 2013, 10:19
MDK27Stacey check your email.

September 30, 2013, 13:46
Stacey L. BrownleeThank you !