Legal Question in Criminal Law in Minnesota

gps tracking device

Task force agents allow informant to borrow my vehicle, drive it to adjoining co. sheriffs garage to install a tracking device on the inside of my truck, under the dash with only a court order. No search warrant. After only half of my evidentuary hearing the police agents have already admitted they allowed there informant to bring them the truck and leave in the truck and drive the truck for the following day and a half without a drivers liscence! Then they allow me to drive for a total of one more day with an outstanding warrant for my arrest, for driving after rev. Three days after installation of GPS and investigation?! I'am pulled over on country road with informant in my vehicle and arrested for outstanding warrant, and charged with fifth degree possesion Please inform me why law enforcement can break laws. What is not lawful about what they have done to me?


Asked on 12/13/08, 7:27 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: gps tracking device

First, there is nothing that requires the police to pull over a driver for dreiving without a license. Similarily, there is nothing that compels them to stop a person with a warrant at the first available opportunity.

The question that must be reviewed is whether there was probable cause to support the placement of the GPS device on the vehicle. That can only be determined by reviewing the affidavit supporting the court order. Since no search was performed, a search warrant is not required.

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Answered on 12/14/08, 1:06 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: gps tracking device

Much would depend upon the details, and having a complete picture of all of the known facts. For now, I would point out that a search warrant is a type of court order. So, based upon this information, I'd want to look at the court order they did have, and the basis for it (affidavits of police, often), as well as what they did based upon the authority of that court order. The courts sometimes allow law enforcement and its agents (informants) to break the laws. Sometimes the courts will draw a line and provide a remedy for the defense if government misconduct is bad enough. Much depends upon the facts (and your lawyer).

FFI: http://www.liberty-lawyer.com/home.html

http://www.liberty-lawyer.com/drugcrimecharges.html

or call me.

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Answered on 12/15/08, 12:36 pm


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