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Arthur T Knackerbracket has found the following story:
An Indiana man may beat a drug prosecution after the state's highest court threw out a search warrant against him late last week. The search warrant was based on the idea that the man had "stolen" a GPS tracking device belonging to the government. But Indiana's Supreme Court concluded that he'd done no such thing—and the cops should have known it.
Last November, we wrote about the case of Derek Heuring, an Indiana man the Warrick County Sheriff's Office suspected of selling meth. Authorities got a warrant to put a GPS tracker on Heuring's car, getting a stream of data on his location for six days. But then the data stopped.
Officers suspected Heuring had discovered and removed the tracking device. After waiting for a few more days, they got a warrant to search his home and a barn belonging to his father. They argued the disappearance of the tracking device was evidence that Heuring had stolen it.
During their search, police found the tracking device and some methamphetamine. They charged Heuring with drug-related crimes as well as theft of the GPS device.
But at trial, Heuring's lawyers argued that the warrant to search the home and barn had been illegal. An application for a search warrant must provide probable cause to believe a crime was committed. But removing a small, unmarked object from your personal vehicle is no crime at all, Heuring's lawyers argued. Heuring had no way of knowing what the device was or who it belonged to—and certainly no obligation to leave the device on his vehicle.
An Indiana appeals court ruled against Heuring last year. But Indiana's Supreme Court seemed more sympathetic to Heuring's case during oral arguments last November.
"I'm really struggling with how is that theft," said Justice Steven David during November's oral arguments.
The appeals court[*] decision is available online as a pdf.
Also at: Washington Post and The Indiana Lawyer.
[*] Updated at 2020-02-26 01:16:51 UTC. Previously, this link suggested it was to the decision by the Indiana Supreme Court. This was, in fact, a link to the decision from the Indiana Appeals Court. We regret the error.
(Score: 2) by Mojibake Tengu on Wednesday February 26 2020, @12:08AM (16 children)
Correct procedure for removal of a tracking device under any regime:
Bring device found to the local police to give it over and get a protocol about it.
Respect Authorities. Know your social status. Woke responsibly.
(Score: 5, Interesting) by barbara hudson on Wednesday February 26 2020, @12:29AM (4 children)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by webnut77 on Wednesday February 26 2020, @09:18AM (3 children)
You're not thinking. What if it is a bomb? You put it on a bus, it detonated, and killed dozens of people. There's a witness to what you did and you're arrested and convicted for murder!
Remember, you're a meth dealer. Someone may be trying to eliminate you as their competition.
(Score: 2) by barbara hudson on Wednesday February 26 2020, @10:18PM (2 children)
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 1) by webnut77 on Friday February 28 2020, @07:06AM (1 child)
Time to engage your brain, Barbra. There are several ways to detonate a bomb: RF trigger, cell phone trigger, notion sensor, timer, etc.
The next door neighbor, fingerprints, fiber evidence, etc. Forensic science is a powerful enabler.
(Score: 2) by barbara hudson on Friday February 28 2020, @05:24PM
If you want to kill your target, you do it when they're most vulnerable - within range of any remote trigger device. While they're trying to get their seat belt on. It's also the best time to carjack someone, for the same reasons - the person is in an indefensible position.
Most bombs don't leave fingerprint or DNA evidence. Forget what you see on TV. That's as bogus as "keep them on the line so we can trace the call." And there's no such thing as fibre evidence - that's been totally debunked in multiple court cases. And eye witnesses are notoriously unreliable. So if you're the bomber you want MORE witnesses, because the more there are, the less likely that they will all agree.
SoylentNews is social media. Says so right in the slogan. Soylentnews is people, not tech.
(Score: 0) by Anonymous Coward on Wednesday February 26 2020, @12:35AM (1 child)
Citation(s) needed -- have you checked with every possible jurisdiction?
Separate question, what's the best way to take a tracker to the police station? If it came off my car, I'm not all that keen on doing it myself. Maybe wipe it clean and then mail to the police?
(Score: 2) by isostatic on Wednesday February 26 2020, @07:31AM
Pop it onto a police car.
(Score: 5, Interesting) by PinkyGigglebrain on Wednesday February 26 2020, @12:52AM (6 children)
Or leave it where you found it and call the police to report a possible bomb on your car.
That gets the cops, bomb disposal, ambulance and fire department, plus any reporter/blogger who has a police scanner, making a big scene.
Then when it gets revealed that the "bomb" is actually a GPS tracking device owned by one of the local police departments it costs the City/county/state a shitload of money, makes that police department look like fools.
And when you do get busted for something you can claim that the evidence was planted/falsified in retaliation for the above mentioned event.
"Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."
(Score: 2) by Runaway1956 on Wednesday February 26 2020, @01:41AM
That is a nice twisted way of handling things. I like it!
(Score: 4, Interesting) by TheGratefulNet on Wednesday February 26 2020, @02:05AM
the intention to rub their noses in it and publicise it: very nice!
but I somehow think they'll try to control the situation and threaten everyone with gag legal letters.
same as using stingrays. they do all they can to NOT let us know that they even exist, let alone that cops use them without caring about our privacy.
...its the modern US way (sigh) ;(
"It is now safe to switch off your computer."
(Score: 2) by janrinok on Wednesday February 26 2020, @08:54AM
I have to applaud your analysis of the situation, and how best to turn it to your advantage.
(Score: 2) by tangomargarine on Wednesday February 26 2020, @03:16PM
I mean, they already tried to charge him with theft for removing it...you don't think they would have the nerve to try to charge him with making a false bomb threat?
"Is that really true?" "I just spent the last hour telling you to think for yourself! Didn't you hear anything I said?"
(Score: 2) by DannyB on Wednesday February 26 2020, @04:22PM
The cops may recognize that this is a car they planted the tracking device on, and advise the bomb squad to blow up the vehicle, after illegally searching it.
To transfer files: right-click on file, pick Copy. Unplug mouse, plug mouse into other computer. Right-click, paste.
(Score: 2) by Joe Desertrat on Wednesday February 26 2020, @11:20PM
Better I think to just take it off wherever you found it and leave it in the street. Let it be someone else's problem.
(Score: 4, Interesting) by TheGratefulNet on Wednesday February 26 2020, @02:02AM
fuck that.
biggest hammer I can find.
you leave shit on my car, its now mine. fuck you.
I have zero tolerance for corrupt pigs. the nerve to try to charge the guy with THEFT.
cops really do seem sub-human, when they pull shit like this.
"It is now safe to switch off your computer."
(Score: 0) by Anonymous Coward on Wednesday February 26 2020, @06:54PM
Under any regime? Hardly. Plenty of regimes would then drag you into a back room and beat your ass silly for interfering with their authority-given mandate to track you. You might be lucky to only get reeducation camp. Actually you would be lucky to keep breathing. And nobody would dare question them for doing so.