Nov 242009
 
 November 24, 2009  Posted by  Surveillance

Joe Arnold reports:

GPS Tracking devices are being used by Louisville Metro Police on the vehicles of some suspects, at times without a court order. The warrantless tracking raises concerns about whether such use is constitutional, according to a leading criminal law professor.

Police acknowledged the use of the tracking devices after WHAS11 News brought a U.S. Attorney’s Office news release that cited Metro Police’s use of them to LMPD’s attention. The Justice Department apparently did not know that the use of such devices in Louisville had never been revealed.

[…]

Metro Police have now revealed to WHAS11 News, that for about 30% of their GPS tracking cases this year, they did not get a judge to sign off on a warrant first, a consequential distinction according to University of Louisville criminal law professor Luke Milligan.

“It makes all the difference in the world,” Milligan said “The framers enacted the 4th Amendment because they were concerned about police having the discretion to conduct searches on their own.”

Read more on WHAS11.

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