Tuesday, September 24, 2013

GPS tracking devices and stuff...

Since we started covering the goings on over at the City of South Miami, several people have been writing in about the former police chief, Orlando Martinez de Castro, putting GPS tracking devices on his foes vehicles in an effort to see what they were up to.  With that said, I don't think you can get any more on point than this video...

If we can take away anything from that video, it's this part:
Walter White:  Hank, isn't that illegal?  I mean isn't there some sort of unlawful search and something...
Hank Shrader: It's known as extralegal.  Trust me, it's our little secret.
Is that right?  Extralegal?  Extralegal means not regulated or sanctioned by law, so in essence, by placing a GPS tracking device on a subjects vehicle, essentially you're breaking the law.  I know there's at least one of our readers that got a warm and fuzzy feeling when they watched this episode of Breaking Bad.

So what's it take to for law enforcement to legally put one of these GPS tracking devices on a subjects vehicle?  According to Florida Statutes here's what's necessary...
F.S. 934.42 Mobile tracking device authorization.—
(1) An investigative or law enforcement officer may make application to a judge of competent jurisdiction for an order authorizing or approving the installation and use of a mobile tracking device.
(2) An application under subsection (1) of this section must include:
(a) A statement of the identity of the applicant and the identity of the law enforcement agency conducting the investigation.
(b) A certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by the investigating agency.
(c) A statement of the offense to which the information likely to be obtained relates.
(d) A statement whether it may be necessary to use and monitor the mobile tracking device outside the jurisdiction of the court from which authorization is being sought.
(3) Upon application made as provided under subsection (2), the court, if it finds that the certification and statements required by subsection (2) have been made in the application, shall enter an ex parte order authorizing the installation and use of a mobile tracking device. Such order may authorize the use of the device within the jurisdiction of the court and outside that jurisdiction but within the State of Florida if the device is installed within the jurisdiction of the court.
(4) A court may not require greater specificity or additional information beyond that which is required by this section as a requisite for issuing an order.
(5) The standards established by the United States Supreme Court for the installation and monitoring of mobile tracking devices shall apply to the installation and use of any device as authorized by this section.
(6) As used in this section, a “tracking device” means an electronic or mechanical device which permits the tracking of the movement of a person or object.
According to F.S. 934.42 it takes a little more than waking up one day and deciding to put a tracking device on one of your foe's vehicles.  I wonder if a public information request to the fine folks over at the South Miami PD will produce the legal documents necessary to put a tracking device on someone's car?  I'll go ahead and put in a records request and see what happens.


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    GPS personal trackers! A GPS tracking unit is a device that uses the Global Positioning System to determine the precise location of a vehicle, person, or other asset to which it is attached and to record the position of the asset at regular intervals. Thanks a lot.......

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