GPS Tracking

[JoeRedskin]

First, couldn't read the article b/c the link did not work at work. As to some of the other stuff:

Originally Posted by CRedskinsRule

See, I guess I would expect that your car is an extension of your property, and you would have a reasonable expectation of privacy as it relates to police access. I don't know the case law, but when police stop you, what is in hands reach is public, but they can't search anywhere else without a warrant or your approval. This seems to undermine that principle in that they can clearly go into places you would not normally check and place an intrusive device in such a way that you would have no knowledge of it. Again, if they have a warrant and probable cause ok.

As I recall my 4th Amendment cases, cars are treated slightly differently. If an officer has a articulable suspicion you are hiding something in your trunk, but does not have the authority to impound the vehicle, they can search your trunk b/c otherwise you could drive off and destroy the evidence before a warrant could be obtained. If on the other hand they can impound the car and secure it, they can't search it without first getting a warrant. Again, that's just my recollection from years back.

Originally Posted by CRedskinsRule

One more question, I am curious about if anyone knows. Can a private investigator, or even an average joe, do the same thing, legally? Could I, for example, place a GPS tracking device on my ex-wife's car, and then later use those results in court? (I am not, nor do I have any intention of, doing this!)

If you placed the device on her property without her permission, that would be trespass (Search warrants are essentially govt. authorized trespass). For that, you could be liable to criminal charges and/or civil suit. At the same time, I believe that there is no general exclusionary rule for illegally gained evidence in the State of Maryland but that would vary from state to state. [Note: There is a specific statute excluding the use of certain recordings in both civil and criminal trial.]