News (Media Awareness Project) - US IA: LTE: The Judge Said Otherwise |
Title: | US IA: LTE: The Judge Said Otherwise |
Published On: | 2003-03-14 |
Source: | Des Moines Register (IA) |
Fetched On: | 2008-01-20 22:06:56 |
THE JUDGE SAID OTHERWISE
As a point of clarification, contrary to the assertion in Mike
Sawyer's March 11 letter, I have never "ruled that no search warrant
is needed to install a GPS device (on a vehicle)."
Rather, in answering the general questions of a Register reporter, I
explained that federal appellate courts have consistently ruled that
the magnetic attachment of a tracking device to the exterior of a
vehicle parked in a public place does not constitute a search within
the meaning of the Fourth Amendment. I did not comment on any specific
warrant.
Douglas F. Staskal
judge, Fifth Judicial District of Iowa. Des Moines.
[Register editor's note: The error was ours. The Register edited
Sawyer's letter, which originally said, "Judge Douglas Staskal
rendered the opinion that no search warrant is needed to install a GPS
device," to say that the judge "ruled that no search warrant is needed."]
As a point of clarification, contrary to the assertion in Mike
Sawyer's March 11 letter, I have never "ruled that no search warrant
is needed to install a GPS device (on a vehicle)."
Rather, in answering the general questions of a Register reporter, I
explained that federal appellate courts have consistently ruled that
the magnetic attachment of a tracking device to the exterior of a
vehicle parked in a public place does not constitute a search within
the meaning of the Fourth Amendment. I did not comment on any specific
warrant.
Douglas F. Staskal
judge, Fifth Judicial District of Iowa. Des Moines.
[Register editor's note: The error was ours. The Register edited
Sawyer's letter, which originally said, "Judge Douglas Staskal
rendered the opinion that no search warrant is needed to install a GPS
device," to say that the judge "ruled that no search warrant is needed."]
Member Comments |
No member comments available...