Southern Maine Criminal Lawyer Blog

GPS Tracking Devices – SCOTUS Decision

Published on: January 30, 2012 | by Webb Law Firm

The 4th Amendment has been resuscitated!! Hopefully you recall back in September of 2010, I wrote about GPS tracking devices and a recent decision from the District of Columbia Circuit (“GPS Tracking Devices – A Warrant or Not A Warrant – That is Now the Question”). Well, on Monday we got our answer; kind of….

In United States v. Antoine Jones, #10-1259 United States Supreme Court (SCOTUS) Justice Scalia wrote the decision of the Court, that said the Government’s installation of the GPS tracking device on the suspect’s vehicle to monitor it’s movement was a search within the meaning of the 4th Amendment, and thus raised the issue of whether a warrant was required prior to the installation. I said “kind of….” because whether this search required a warrant was not answered.

The Court rejected the government’s argument that the attachment of a GPS device was not a search, but did not define how long or if you could track the vehicle with or without a warrant and what violates a reasonable expectation of privacy. The Court declined to opine on other details, like whether a warrant requirement applied to tracking cell phones. It appears that Justice Sotomayor was certainly ready to cast a much wider net and restrict government activity.

Supreme Court limits invasions of privacy

Published on: January 27, 2012 | by Webb Law Firm

supreme-court-300x237 This week the Supreme Court, in United States v. Jones, ___ US ___ (2012), decided that placing a GPS on a person’s car and tracking to movements is a search that requires a warrant. This is an important decision for several reasons. First, changes in modern technology make it easier for government to intrude on our privacy. Second, it made it clear that there are two ways to analyze when a search warrant is needed. Third, it shows that the Court may change its views of the Fourth Amendment as technology becomes more invasive of our privacy.

The facts were that Mr. Jones was suspected of drug dealing. Drug agents got a warrant to place a GPS on his car by a certain date in Washington, DC. They did not put the GPS on the car as specified in the warrant. Instead, they found the car in Maryland and put the GPS on the car after the warrant date. They tracked every move his car made for four weeks. Using the GPS information agents found evidence that arguably tied Jones to drugs and money. They charged him in a drug trafficking conspiracy.

Jones moved to suppress the evidence (prohibit the government from using it at trial.) He argued that placing the GPS on his car was a search, and that the search was illegal without a warrant.

I Got a DUI-OUI-DWI – Now What?

Published on: January 7, 2012 | by Webb Law Firm

OUI-300x200 If you get a DUI it is very important that you get a good DUI lawyer right away. If you wait, the chances of losing the case and losing your license get much, much worse. You may lose the chance to fight your license suspension if you wait too long. Equally as bad, critical evidence may be destroyed – that’s evidence you need to win.

Most states have a procedure that suspends your license for DUI or refusing a test BEFORE your court date. In some states the police take your license when they arrest you. In other states the Motor Vehicles department gets notice from the police about the DUI. Motor Vehicles then sends you notice of suspension that your license will be suspended soon. You have a right to fight this suspension, no matter which way they do it. But that right requires you to tell Motor Vehicles you want to fight it. The time to let them know is limited. In my state, Maine, you have ten days from the date of suspension to challenge the suspension. If you don’t file your challenge within those ten days, you can never challenge it.

Evidence you need to win your case may be lost if you don’t take steps to save it. Police video cameras record to hard drives. After a couple of weeks many of those hard drives start to record over the old recordings. Unless you put the police on notice that you want the video saved, you may LOSE IT FOREVER. That video may be the only evidence you have to prove the cop wrong. If there is no video it is your word against the cop’s word. Who do you think they will believe?

Changing a gun law won’t save lives

Published on: January 4, 2012 | by Webb Law Firm

guns-300x225 In yesterday’s paper there was an article about a shooting in Mt. Rainier National Park. There was a tragedy in the park. A young man, believed to be Benjamin Colton Barnes, had severe mental problems – possibly PTSD from service in Iraq. He shot several people near Seattle on New year’s Eve. He may also have been involved in another shooting incident that night. On New Year’s Day Barnes he fled to Mt. Rainier National Park.

Park police had a checkpoint set up to make sure people had chains because of the snowy conditions in the park. Someone blew through that checkpoint. One of the rangers followed that person. Another ranger, Margaret Anderson, set up a roadblock to stop the person who ran the checkpoint. As she was getting out of a vehicle she was shot and killed. Police believe Barnes was the shooter. Barnes was later found dead in the Park. The cause of death is believed to be hypothermia – he was found in a snowy stream in a T-shirt and jeans.

Before Barnes was found dead, rangers had rounded up all of the park visitors and evacuated them. They were afraid for their safety. Afraid that Barnes would try to kidnap or harm some of them.