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TECHNOLOGY A23
                                                                                                                Monday 5 October 2015

Hidden GPS devices to track suspects raise legal concerns 

MICHAEL BALSAMO                the embedding of GPS de-        that when people steal           wittingly possessing some-           fishbowl society, the gov-
Associated Press               vices pre-emptively in ob-      something containing a           thing implanted with a GPS           ernment can now track us
MINEOLA, N.Y. (AP) — For       jects that are apt to be sto-   tracking device, police are      device.                              in real time in the fishbowl,”
months, police trying to       len. Nor did it address how     within their rights to go af-    “Just because Jim steals             Turley said.
solve a Long Island robbery    long police can engage in       ter them. For decades, po-       the money, maybe the                 GPS is the 21st-century ver-
spree had little more to go    tracking or how they can        lice have been catching          one wad that had the GPS             sion of the exploding dye
on than grainy surveillance    use that information.           car thieves through LoJack       was one he gave to pay               pack that bank tellers slip
footage of a man in a          That has left judges with       radio-tracking devices.          off a loan, or he borrowed           into the bag of money dur-
hoodie and black ski mask      little guidance.                But civil libertarians said a    a friend’s car and left that         ing a holdup. The pack
holding up one gas station     “This is the latest chapter in  legal issue could arise if po-   one there,” said New York            blows up outside the bank,
or convenience store after     the challenge to the Fourth     lice deliberately leave the      lawyer Amy Marion.                   staining the robber and the
another.                       Amendment by new tech-          tracker on for an extended       In a case on appeal in Buf-          cash.
That was until the gunman                                                                                                            When someone walks out
made off with a stack of       In this Aug. 12, 2015 photo, a map is displayed at a news conference at the Nassau County             the door with a GPS track-
bills that investigators had                                                                                                         er, a silent activation signal
secretly embedded with a       District Attorney’s Office in Mineola, N.Y., that shows the gas stations that Jason Golson-Orelus is  is sent to police. Officers
GPS tracking device.                                                                                                                 can then use an online
Within days, a suspect ac-     accused of robbing. 							                                      Associated Press                     map, updated every few
cused of pulling off nearly                                                                                                          seconds, to pinpoint the
a dozen heists — including     nology,” said George            amount of time to find out,      falo, a bank robbery de-             object’s location,
one in which a clerk was       Washington University con-      for example, what other          fendant who police say               The use of GPS has expand-
killed — was behind bars,      stitutional law professor       crimes the suspect might         was caught with a GPS-               ed as the devices have
and officers were credit-      Jonathan Turley. “There is      be mixed up in.                  tagged bag of money is               gotten smaller. Trackers as
ing  technology  that has      always a concerntechnol-        “As a baseline, I don’t think    challenging his conviction,          thin as a pencil can be hid-
become commonplace             ogy  can outstrip existing      people should be tracked         though not on constitution-          den in wads of about two
over the past five years or    constitutional law. Now it’s    with GPS without a war-          al grounds. He contends              dozen bills.
so.                            up to the courts to decide      rant,” said Jay Stanley,         the cash was not enough              They are also slipped into
“Those tools are part of our   when police departments         a policy analyst with the        to convict him.                      “bait bottles” of pills to
arsenal,” Nassau County        can use this technology to      American Civil Liberties         The use of GPS highlights            thwart drugstore thieves.
Police Chief Steven Skry-      facilitate an arrest and        Union. “If somebody steals       what some experts be-                The bottles are typically
necki said after the arrest    prosecution.”                   an object and the police         moan as the fast-shrinking           kept behind the counter
this summer, adding that       So far, there have been         don’t arrest them for six        zone of privacy nowadays,            and are handed over by
GPS is now used “as a mat-     few constitutional chal-        months and just collect          when security cameras are            the pharmacist if a robber
ter of course in our investi-  lenges, in part because         information about how            seemingly on every block,            demands drugs.
gations.”                      the technology is new, but      they’re living their life, that  wireless devices broad-              The maker of the painkiller
But the tiny satellite-con-    also because some defen-        could be problematic.”           cast our locations and toll-         OxyContin says such bot-
nected devices — embed-        dants have pleaded guilty.      Also, legal experts wor-         booths electronically re-            tles used in 33 states have
ded by the manufacturer        Legal experts said the          ry that innocent people          cord our travels.                    helped police make nearly
or slipped by police into      courts have generally held      could get in trouble for un-     “Not only are we living in a         160 arrests.
stacks of cash, pill bottles                                                                                                         In Redlands, California, a
or other commonly stolen                                                                                                             criminal attached a “skim-
items — are raising ques-                                                                                                            mer” — a device for steal-
tions from legal experts                                                                                                             ing people’s credit card
over what they see as the                                                                                                            numbers — to a gas pump.
potential for abuse by                                                                                                               Police put GPS on the skim-
law enforcement authori-                                                                                                             mer, then caught the sus-
ties. They wonder whether                                                                                                            pect after he collected the
some of these cases will                                                                                                             equipment.
stand up in court.                                                                                                                   In other cases, officers
In 2012 the U.S. Supreme                                                                                                             have made arrests through
Court took up the police                                                                                                             “virtual stakeouts” after
practice of planting GPS                                                                                                             leaving trackers in copper
trackers on suspects’ vehi-                                                                                                          wire, bicycles and laptops.
cles to monitor their move-                                                                                                          In Long Island’s Nassau
ments, and it set certain                                                                                                            County, 23-year-old Josh-
constitutional boundaries                                                                                                            ua Golson-Orelus has been
on their use. It stopped                                                                                                             charged with murder and
short of saying a warrant is                                                                                                         armed robbery in the series
always required.                                                                                                                     of heists. His attorney de-
But that narrow ruling                                                                                                               clined to comment about
didn’t specifically address                                                                                                          the role of GPS.q
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