from boston.com Sep. 22, 2009
"For the first time, the Supreme Judicial Court ruled yesterday that the state constitution allows police to break into a suspect’s car to secretly install tracking devices using a global positioning system, provided that authorities have a warrant before they do so.
In a unanimous ruling written by Justice Judith Cowin, the state’s highest court upheld the drug trafficking conviction of Everett H. Connolly, a Cape Cod man who was tracked by State Police in 2004 after they installed a GPS device in his minivan.
The court said that using GPS devices as an investigative tool, which can require police to secretly break into a vehicle to install the device, does not violate the ban on unreasonable search and seizure in the state’s Declaration of Rights.
“We hold that warrants for GPS monitoring of a vehicle may be issued,’’ Cowin wrote. “The Commonwealth must establish, before a magistrate . . . that GPS monitoring of the vehicle will produce evidence’’ that a crime has been committed or will be committed in the near future.
The SJC said the devices can be installed for up to 15 days before police must show why the devices need to remain in place. Generally, search warrants expire after seven days.
William Leahy, chief counsel for the Committee on Public Counsel Service, said the SJC clearly built a new wall of protection for individuals when it comes to government use of electronic monitoring devices."
This occurred in TAXACHUSETTS - one of the birthplaces of our LIBERTY!!! Are exigent circumstances and the prevention of crime is all that is needed for the abrogation of our FREEDOMS???!!!
Tuesday, September 22, 2009
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