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Burglar Sin Santo Bad Caught By Technology
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Post Burglar Sin Santo Bad Caught By Technology 
http://www.sctimes.com/article/20090912/NEWS01/109120012/1009

Sin Santo Bad, 45, of Minneapolis, was caught committing a home burglary in Elk River after police attached a tracking device to his car and followed him until he was caught in the act of breaking into a home, one of 7 he is believed to have committed.

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Post Let's hope the cops had judicial approval . . . 
before they intruded on his right to privacy.

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Post Or Not... 
http://www.kenoshanews.com/news/court_oks_police_gps_tracking_4914624.html

Warrant not necessary, at least in Wisconsin.

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"And Kenosha defense attorney Terry Rose said he does not believe the practice would pass muster with the state or U.S. supreme courts."

I'll bet this is overturned by a higher court.

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Guess we'll see. The practice of attaching tracking devices to cars has been in practice for decades at least. Have to keep a few things in mind. For starters, unconstitutional cop behavior is not in and of itself an offense in most cases. The penalty for it is the exclusion of evidence from a criminal trial. Secondly, the attachment of the device is neither a search nor a seizure as currently defined in the Fourth Amendment. And finally, the judge raises a key point that the same information (i.e. movements) could have been obtained by visual surveillance. The GPS simply automates a human process and creates a record of it. I believe there is a search and seizure theory of "inevitable discovery" which says that if you would have discovered some evidence eventually anyway, an unconstitutional action to the same end is irrelevant.

It's a fascinating area of law. Stay tuned!

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