Expert: Robin Sexton - 7/20/2009

Question
QUESTION: Do you have any idea the requirements for an police officer to place an GPS device on a suspects car?

And in reference to the question you answered about the out of state officer serving an search warrant in another state, Can the Prosecuting atty apply for the search warrant or does it have to be the cop?

ANSWER: Melissa,

Excellent question, haven't had this one before.  Each state and department may have slightly different policies but they are minimal.  The most restrictive that i have heard of is the vehicle can not be on private property.  That is just for the installation.  If the gps device is wired into the vehicle's electrical system then some agencies require a search warrant.  The legal basis for installation of a gps device does not need to be any more the suspicion.  Courts have ruled that it is not any more invasive the visual surveillance by officers.  So the reason to place one is very minimal, the method sometimes takes a little more

Hope that helped

robin

---------- FOLLOW-UP ----------

QUESTION: Thanks so much for the answer it really helped. but in reference to the second question, Can the Prosecuting atty apply for the search warrant or does it need to be the out of state cop?

thanks again


Answer
Melissa,

Sorry i missed that part of the question.  Normally someone in the state requests the search warrant.  The out of state authority is merely used as part of the affidavit.  IF a search warrant is even needed

Hope that answered your question

good luck

robin