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saintlouis314
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Post subject: Is It Illegal To Use A Gps Tracking Device?  Posted: Wed 26 Nov 2008 22:55 |
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Joined: Wed 26 Nov 2008 17:55
Posts: 14
Location: Saint Louis, Missouri
FRN Agency ID #: 0
Experience: None
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I have been seeing recently alot of smaller gps tracking devices that are being marketed towards parents in the effort of keeping track of their kids. Would it be illegal to place on under a mark's car in the effort to keep track of him? Not that you would let them know !!! You could do it while the car is at the office. Regardless of who it is generally the mark will end up in that car and it might be worth knowing everywhere that car has traveled and then once the case is over you just go and remove it. It could save hours of wondering where your fugitive has gone. Any ideas or thoughts on this?
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Matthew Ginther
314.333.9849
drwho314@yahoo.com
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Kathy
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Wed 26 Nov 2008 23:08 |
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Joined: Tue 24 May 2005 14:46
Posts: 3334
Location: Colorado
FRN Agency ID #: 324
Experience: 5 - 7 years
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You would have to research and follow your specific state laws, or those state laws you are working in for a specific answer. I use an extensive release that I got from Scott M. (on this forum) that works in most cases, but not in all. Everything depends on the state and it's interpretation of the forms you get signed for the information you request.
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Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO
Proud Member of the AB Reject Club
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saintlouis314
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Wed 26 Nov 2008 23:21 |
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Joined: Wed 26 Nov 2008 17:55
Posts: 14
Location: Saint Louis, Missouri
FRN Agency ID #: 0
Experience: None
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Kathy wrote: You would have to research and follow your specific state laws, or those state laws you are working in for a specific answer. I use an extensive release that I got from Scott M. (on this forum) that works in most cases, but not in all. Everything depends on the state and it's interpretation of the forms you get signed for the information you request. When you say extensive release are you speaking of a form that the client would sign giving up certain rights?
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Matthew Ginther
314.333.9849
drwho314@yahoo.com
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SpanielPI
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Wed 26 Nov 2008 23:41 |
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Joined: Thu 16 Jun 2005 16:04
Posts: 4598
Location: NE Alabama
FRN Agency ID #: 5
Experience: More than 10 years
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Release forms: Forms willingly and voluntarily signed by all parties to the bail bond contract. They vary in content and purpose, some are even governed by state law, but genreally, yes, they are basically limited powers of attorneys the client signs as a part of the contract.
GPS devices: Again, 1) Everything depends on local laws. 2) GPS records are not always admissable in court.
3) You have to have visual confirmation that the def is the one physically driving the vehicle.
4) Crossing jurisdictions: GPS unit may be legal in 1 area, and not in another. Therefore any information gleaned from an illegal acitivity may negate the apprehension and get you sued or arrested or both.
5) Covert deployment: If you deploy a unit on a def's vehicle, or whatever vehicle is connected to the case, and you don't have permission to do so, then you could face criminal charges as well.
Now, if the def gives you written consent to deploy a tracking device then you have no legal issues. This then falls under a different category called "Defendant Monitoring". Some bail companies actually do require thier higher dollar bonds to agree to wearing these devices as a conditon of thier pre-trial release contract.
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River City Associates
Decatur, Al. 35601
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saintlouis314
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Wed 26 Nov 2008 23:48 |
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Joined: Wed 26 Nov 2008 17:55
Posts: 14
Location: Saint Louis, Missouri
FRN Agency ID #: 0
Experience: None
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RWB wrote: Release forms: Forms willingly and voluntarily signed by all parties to the bail bond contract. They vary in content and purpose, some are even governed by state law, but genreally, yes, they are basically limited powers of attorneys the client signs as a part of the contract.
GPS devices: Again, 1) Everything depends on local laws. 2) GPS records are not always admissable in court.
3) You have to have visual confirmation that the def is the one physically driving the vehicle.
4) Crossing jurisdictions: GPS unit may be legal in 1 area, and not in another. Therefore any information gleaned from an illegal acitivity may negate the apprehension and get you sued or arrested or both.
5) Covert deployment: If you deploy a unit on a def's vehicle, or whatever vehicle is connected to the case, and you don't have permission to do so, then you could face criminal charges as well.
Now, if the def gives you written consent to deploy a tracking device then you have no legal issues. This then falls under a different category called "Defendant Monitoring". Some bail companies actually do require thier higher dollar bonds to agree to wearing these devices as a conditon of thier pre-trial release contract. Thanks for the reply
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Matthew Ginther
314.333.9849
drwho314@yahoo.com
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Kathy
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Thu 27 Nov 2008 00:02 |
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| in memoriam |
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Joined: Tue 24 May 2005 14:46
Posts: 3334
Location: Colorado
FRN Agency ID #: 324
Experience: 5 - 7 years
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The form that I use allows me to track my defendants and their indemnitors by most any method, including cell phone GPS. I got the form from Scott M. and several LE agencies have accepted it and have provided info based on it. Everything that we do relies on our personal state laws, or those that we work under outside our AO, so we can only do what we can do depending on where the suspect is located.
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Kathy Blackshear
Blackshear Investigations
Blackshear Bail Bonds
Sales Associate, Prepaid Legal Services, Inc.
Walsenburg, CO
Proud Member of the AB Reject Club
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Mdbtyhtr
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Post subject: Re: Is It Illegal To Use A Gps Tracking Device? Posted: Thu 27 Nov 2008 13:09 |
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Joined: Thu 06 Jul 2006 14:22
Posts: 3982
Location: Maryland and Virginia
FRN Agency ID #: 455
Experience: More than 10 years
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You can track your defendant and make them pay for it by requiring them to participate in defendant monitoring as a condition of bail.
Indemnitors have no problem because it protects them as well. Judges will reduce unobtainable bonds to the level the family is comfortable with paying provide they agree to monitoring as a condition of bail demanded by the court as oppossed to just the bondsman. This is also an additional profit center to the bond ageny. I currently have 4 clients on home monitoring and it makes everybody happy, except the deffendant!
Scott
_________________
R.E. "Scott" MacLean III
"Leaders are like Eagles, you never see them in a flock, but one at a time"
Chesapeake Group Investigations, Inc.
Chesapeake Bail Bonds
877-574-0500
301-392-1100 (fax)
301-392-1900 (Office)
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