Legal Question in Criminal Law in New Jersey
Legality of tracking devises across state lines.
It is currently legal to put a non-hardwired tracking device on a suspects car in NY. It requires a warrant in NJ. My question is, if I put a tracking device on a car while it is in NY and it then goes into NJ, can I still track the car in NJ until it returns to NY where the crime is to be committed?
The background being a suspect from NJ is coming into NY to commit burglaries. (Felony in both states)
1 Answer from Attorneys
Tracking across state lines
One assumes that you are connected with a law enforcement agency, in which case you should consult with the local prosecutor for the advice and counsel necessary to answer this inquiry "operationally". From the perspective of a mere hypothetical, one assumes that you have no 'design' or 'plan' to actually track the vehicle as it travels _in_ NJ [i.e., that the fact that the vehicle may cross the line is for all intents and purposes nothing other than *incidental* and of only passing interest to you] in which case, logic suggests that the fact that a device is attached to the vehicle while in NJ is only "incidental" and of no consequence _vis_a_vis_ the NY investigation. Obviously, if it came to pass that you sought to share information w/ NJ investigators w/re: NJ crimes, these musings would be of no value whatsover.
Regards, etc.,
jm hayes
-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-
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