Legal Question in Criminal Law in California
the police put a gps tracker on my moms car without a warrent and have been harassing me then set up a dui witch i refused to do a pea test because they had no right to pull me over and i thought they would mess with the test now police come to me and say they will make dui charge go away if i return the gps tracking device i feel thats the only card i have what should i do
2 Answers from Attorneys
Take the tracker directly to your criminal defense attorney. There is something very fishy about all this.
Don't negotiate with the police - let your lawyer do this.
The courts are all over the place on the issue of whether or not police need a warrant to place a GPS tracker on your car or not. Last year, the Court of Appeals for the DC circuit unanimously held that the police had acted unreasonably by failing to comply with a warrant issued to attach a GPS tracker. Currently the Obama administration has asked the Supreme Court to overturn this decision, arguing that an earlier case from the 1980's ruled that people have no expectation of privacy when traveling along public streets.
The DUI charge sounds fishy, and I agree with Mr. Dane's response that you should probably speak to a lawyer. Personally, I would have removed the GPS tracker when it was found and put it in a more fun place, like on another police car.
Related Questions & Answers
-
How does one go about retrieving an impounded vehicle when the owner is currently... Asked 5/24/11, 11:25 am in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
