Feds (or any agency) putting a GPS on your car

[disneykid52]

What is the name of your state (only U.S. law)? Any US state
I just saw this article and was wondering. What would happen if you found one one your car and removed it and either destroyed it or even worse put it on someone elses car? They couldnt prove YOU did it. Just because it was on your car doesnt mean YOU took it off.
http://translogic.aolautos.com/2013/10/23/courts-uphold-ruling-that-warrantless-slap-on-gps-units-are-un/?icid=maing-grid7%7Chtmlws-main-bb%7Cdl15%7Csec1_lnk3%26pLid%3D395983

 

[LdiJ]

What is the name of your state (only U.S. law)? Any US state
I just saw this article and was wondering. What would happen if you found one one your car and removed it and either destroyed it or even worse put it on someone elses car? They couldnt prove YOU did it. Just because it was on your car doesnt mean YOU took it off.
http://translogic.aolautos.com/2013/10/23/courts-uphold-ruling-that-warrantless-slap-on-gps-units-are-un/?icid=maing-grid7%7Chtmlws-main-bb%7Cdl15%7Csec1_lnk3%26pLid%3D395983

It wouldn't matter if the police knew that you took it off your car or not...even if they did have a warrant. Anyone who finds something like that placed on their car, without their knowledge, is free to remove it.

 

[disneykid52]

It wouldn't matter if the police knew that you took it off your car or not...even if they did have a warrant. Anyone who finds something like that placed on their car, without their knowledge, is free to remove it.

So then if that is true I could destroy it then walk in the police station and drop it off? They still couldnt prove that I did it

 

[LdiJ]

So then if that is true I could destroy it then walk in the police station and drop it off? They still couldnt prove that I did it

I am trying to say that its totally irrelevant whether or not they could prove that you did it.

 

[FlyingRon]

So then if that is true I could destroy it then walk in the police station and drop it off? They still couldnt prove that I did it

No need to do that, just attach it to any convenient police car.

 

[Ohiogal]

No need to do that, just attach it to any convenient police car.

Let them chase their own tails. I like it.

 

[CavemanLawyer]

As long as the search warrant was authorized then the government has a right to have the GPS device on your car meaning there is no trespass or anything else that limits their ownership rights in the device. You are free to remove if you like but it is still the government's property so if you destroy it then you can be charged with criminal mischief or whatever the applicable crime is in that jurisdiction. I have actually seen someone charged for doing this very thing by throwing it in a lake.

 

[BigMouthWino]

So then if that is true I could destroy it then walk in the police station and drop it off? They still couldnt prove that I did it

While this would be extremely humorous and fun to do I would suggest that you take into consideration the following:

If a State or Federal Agency has begun tracking your movements via GPS it is probably not best to needlessly provoke them with hubris.

 

[cbg]

Um...guys? Consider the source, here.

 

[Dillon]

As long as the search warrant was authorized then the government has a right to have the GPS device on your car meaning there is no trespass or anything else that limits their ownership rights in the device. You are free to remove if you like but it is still the government's property so if you destroy it then you can be charged with criminal mischief or whatever the applicable crime is in that jurisdiction. I have actually seen someone charged for doing this very thing by throwing it in a lake.

a warrant, with supporting sworn affidavit, u tink?

the government holds property in trust for the people who own it.

I charge $100 an hour for carrying government property w/o a warrant. LOL

 

[disneykid52]

As long as the search warrant was authorized then the government has a right to have the GPS device on your car meaning there is no trespass or anything else that limits their ownership rights in the device. You are free to remove if you like but it is still the government's property so if you destroy it then you can be charged with criminal mischief or whatever the applicable crime is in that jurisdiction. I have actually seen someone charged for doing this very thing by throwing it in a lake.

Wanna explaim how they can prove that I personally was the one who removed and destroyed it? (or better yet removed it and reattached it to a feds car)

 

[CavemanLawyer]

a warrant, with supporting sworn affidavit, u tink?

the government holds property in trust for the people who own it.

I charge $100 an hour for carrying government property w/o a warrant. LOL

Considering that the search warrant couldn't be issued without an accompanying affidavit, yes. There are numerous other practicalities that would need to be present also. I don't understand your point.

 

[CavemanLawyer]

Wanna explaim how they can prove that I personally was the one who removed and destroyed it? (or better yet removed it and reattached it to a feds car)

No I don't want to "explaim" because you are asking a legal question framed in an intentionally ridiculous set of facts. Are you really surprised to receive an answer about what the laws are that apply rather than a fictional storyline about how they cracked a nonexistant crime?

How would they prove it? You might be dumb enough to walk into the police dept. and rub it in their faces. You might even be dumb enough to post about it on an online forum before doing it. (oh snap.) If you did it then you might generate who knows what evidence in the process and that's how they'd prove it. But since all this is hypothetical all I can tell you is what you "can be charged with."

 

[OHRoadwarrior]

Popcorn anyone?

 

[FlyingRon]

Popcorn anyone?

What we need at this point is Dillon to explain how the UCC applies to this or perhaps GoldySDSU to explain what the definition of lamp is.