GPS Tracking

Justices Approve Routine Strip Searches for Minor Offenses

Earlier today in a 5-4 decision, the ideologically divided Supreme Court Justices ruled against a New Jersey man who underwent two strip searches in two county jails following his arrest on a warrant for an unpaid fine, which he actually paid. This decision, supported by the conservative majority, resolved a conflict among lower courts on how to balance security and privacy with public security trumping individual privacy in this case.

Prior to the September 11, 2001, terrorist attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and now this decision by the Supreme Court Justices ratified those decisions.

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Tracking President Obama’s Health Care Arguments in Real-Time

The U.S. Supreme Court will be hearing oral arguments on the constitutionality of President Obama’s signature health care law for the next three days. The health care bill, often labeled as “Obama-Care,” is a critical piece of legislation that affects the entire U.S. population, and New York Senator, Kirsten Gillibrand (D-NY), wants to give the public to opportunity to engage in the conversation.

Sen. Gillibrand argued that cameras should be allowed to record the arguments for everyone to see.

“I really wish the American people could be watching this proceeding,” Gillibrand said Monday in an interview with “CBS This Morning,” adding “we should have cameras have cameras in the courtroom. Absolutely.”

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Ladies and Gentlemen The President of the United States

President Barack Obama’s words and actions are sure to garner even more attention and scrutiny than usual, especially with the Presidential elections right around the corner. Throughout his administration, the 44th President of the United States has received a tremendous amount of criticism from foreign and military policy to healthcare and the economy, as would any person who assumes the position of chief executive.

The weight of responsibilities that a President is called to bear  are enormous, and the expectations placed upon the individual who has been called to lead our nation are indeed great. Not only does everyone have an opinion on the President’s performance, it’s virtually impossible to please everyone. It’s a position that requires an incredible amount of temperance, wisdom, intelligence and care.

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South Dakota Supreme Court Aligns with U.S. Supreme Court’s Ruling

The South Dakota Supreme Court made a ruling on Thursday, which mandates court-issued warrants before law enforcement officials use GPS tracking devices to monitor suspects over an extended period of time.

As a result of the unanimous ruling by the SD Supreme Court, the drug convictions of Elmer Wayne Zahn Jr., 53, were overturned. Police seized marijuana and other evidence from a storage locker, which was discovered by tracking Zahn’s car. However, they had not obtained a warrant for the GPS tracking device before attaching it to his car.

Therefore, the Justices determined that the evidence cannot be used against him because use of the device without  a court-issued warrant violated Zahn’s Fourth Amendment rights, which protects against unreasonable searches and seizures.

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Pimpin’ Ain’t Easy

Recently, the FBI obtained a warrant to have Google unlock the Android-based cell phone that was confiscated from an alleged pimp. In addition to accessing the phone, FBI agents also want Google to hand over email and web searches, GPS tracking data, websites visited, and text messages.

Dante Dears of San Diego was sentenced to state prison in 2005 for founding and running an illegal prostitution ring, which was given the name, “Pimpin’ Hoes Daily” (PHD). Dears served time for 4 years before being released on parole in January 2009, however, he violated his parole on three occasions and served an additional 1.5 years in prison.

He was released from prison in May 2011, but could not keep himself away from the pimping business, and has since been “communicating with a confidential human source who reported to the FBI on Dears’ continued human trafficking activities.”

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‘Steven Seagal: Lawman Under Siege’

Looks like action movie star Steven Seagal isn’t quite ready to throw in the towel on his old crime fighting ways. A Phoenix chicken farmer claims that Seagal, a deputized officer, along with roughly 40 law enforcement officials from the Maricopa County Sheriff’s Office invaded his private property in order to arrest him on camera for alleged cockfighting. The raid on Jesus Sanchez Llovera’s property was being filmed as an episode of the reality TV show, “Steven Seagal: Lawman.”

However, it also looks like the producers forgot to get all their facts straight before blasting their way through the innocent man’s gated driveway. The Phoenix Police Department had already come to his home on February 4, 2011, five weeks prior to the MCSO’s invasion, in order to investigate allegations that he was running a cockfighting operation. The police, however, “did not find any evidence of criminal wrongdoing,” and Llovera was “cleared of any and all alleged wrongdoing.”

The Phoenix police also took pictures of the roosters and hens on Llovera’s property, and the photographs showed that the chickens were all healthy. There was no evidence of chicken fighting on his property.

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How the Court’s Ruling has Affected the FBI’s Investigations

Earlier this year, the Supreme Court heard a controversial case involving a Washington, D.C. nightclub owner, who was monitored for a span of 28 consecutive days by law enforcement officials with an unwarranted GPS tracking device for dealing cocaine. The evidence obtained from the GPS tracker was used to convict Antoine Jones of drug trafficking, and he received a sentence of life in prison.

Jones’ conviction, however, was overturned in a D.C. circuit appeals court after it determined that the prolonged, unwarranted use of the GPS tracker on Jones’ personal vehicle violated his Fourth Amendment rights, which protects individuals against unreasonable searches and seizures.

The case made its way to the U.S. Supreme Court, where all 9 Justices unanimously agreed that attaching a GPS tracking device, constituted a search even though the vehicle is being tracked on public roads. Privacy advocates praised the ruling as a victory for individual rights.

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Unwarranted GPS Technicality

Raul Johnson, a former Monroe (Louisiana) Police corporal who is currently under federal indictment for selling stolen items on eBay, is looking to get off on a technicality by arguing that the evidence being used against him violated his reasonable expectation of privacy. Johnson filed a motion asking the judge to suppress evidence in his case. He claims that it was obtained in an unconstitutional manner.

According to the federal indictment, Johnson registered an email address with eBay in December 2004 and registered a post office box belonging to an unnamed associate. The indictment states after opening the eBay account, Johnson also opened a PayPal and bank accounts, which were used in the online scheme.

The indictment claims that Johnson and his associate were given monetary payment, which was sent to a West Monroe post office box, in return for the stolen property. The indictment showed that Johnson listed 14,334 items on eBay, valuing at $196,310.

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Find My iPad Tracking App Lead Police to Biggest Crystal Meth Bust

Last Thursday, local police near San Jose, CA, accidentally stumbled on the biggest stash of crystal meth in the history of the United States. Initially, they were tracking a stolen iPad with the installed Find my iPad app, which led them to an apartment complex in Palo Alto. The officers knocked on the door and asked the occupants for permission to come in.

The residents allowed them to come in, to which they shockingly discovered roughly 780 pounds of crystal meth worth about $35 million dollars, scattered throughout apartment. Assistant District Attorney David Tomkins said, “They probably thought if they didn’t, we’d suspect something… or they thought, ‘I’ll let them in – they probably won’t find anything.’” Apparently, it looks like they found more than just a stolen iPad.

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Third Time’s the Charm

Looks like the case against a convicted Washington, D.C. drug-trafficker has taken a new turn. The case involves Antoine Jones, a nightclub owner, whose personal vehicle was monitored 24/7 over a period of 28 consecutive days with an unwarranted GPS tracking device by federal law enforcement officials for suspicion in dealing cocaine.

Portions of the data obtained from the GPS tracker was used in 2008 to convict Jones, who received a sentence of life in prison. However, a federal appeals court in D.C. overturned his conviction in 2010 on the grounds that the unwarranted use of the GPS tracker by law enforcement violated Jones’ reasonable expectation of privacy under the Fourth Amendment, even though his movements were observed on public roads.

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