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Amendments to the Rules of Criminal Procedure: Warrants for Tracking Devices and Global Positioning Systems
Barry Leonard (ed)
On 12/1/06, Fed. Rule of Criminal Procedure 41 was substantially revised. It sets forth the procedure for fed. law enforce. officers (LEO) to obtain, process, & return warrants to install & use tracking devices (TD) to include global positioning system technology. The new rule does not address whether LEO need a warrant to install or monitor a TD. Whether a warrant is required to install a TD, or track a vehicle or other object, revolves around expectations of privacy. If an intrusion into an area where there is a privacy expectation is necessary to install the TD, or the vehicle or object will be tracked in an area where one has a privacy expectation, a warrant is required. If there is no such intrusion or the TD will not infringe on privacy, a warrant is not required.
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