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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: 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.
The lower I set my standards the more accomplishments I have.
(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.