Archive for the ‘court cases’ Category

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Supreme Court Rules: Warrant Needed for GPS Tracking

By Dawn in court cases, gps, gps tracker, invasion of privacy, MSI Detective Services, Technology at January 23rd, 2012 | No comments

GPS Tracker

 

 

 

 

 

 

In a story posted on 11/23/11, I wrote about how the Supreme court was hearing a case about a man, Antoine Jones, who was convicted of drug charges after a court supported the use of police placing a GPS tracking device on his car.

A federal appeals court in Washington had overturned Jones’ drug conspiracy conviction because police did not have a warrant when they installed a GPS device on his vehicle and then tracked his movements for a month. The Supreme Court agreed with the appeals court.

The U.S. Supreme Court ruled unanimously Monday that police must get a search warrant before using GPS technology to track criminal suspects.

The ruling represents a serious complication for law enforcement nationwide, which increasingly relies on high tech surveillance of suspects, including the use of various types of satellite technology.

A GPS device installed by police on Washington nightclub owner Antoine Jones’ Jeep helped them link him to a house used to stash money and drugs. He was sentenced to life in prison before the appeals court overturned the conviction. Read the full article »

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Bill Would Let People Record Audio of Cops

By Dawn in court cases, Debugging - Electronic Countermeasures, eavesdropping, Illinois, invasion of privacy, MSI Detective Services at January 16th, 2012 | No comments

 

St. Rep. Elaine Nekritz, D-Northbrook, IL

 

 

 

 

 

 

 

Recent court case rulings in Illinois regarding the constitutionality of Illinois’ eavesdropping law have placed this topic at the agenda forefront of some Illinois legislators and the ACLU.

Illinois’ eavesdropping law is one of the strictest in the country. The law makes it illegal to audio-record police without their consent, even when they’re working in public. Illinois is one of a handful of states in which it is illegal to record audio of public conversations without the permission of everyone involved.

Breaking this law carries a harsh penalty. It is a felony punishable by up to 15 years in prison. This law has come under increased scrutiny in the last few years in courts throughout the state.

State Representative Elaine Nekritz, D-Northbrook has filed a bill that would allow people to audio-record a police officer working in public without the officer’s consent. In an interview last Thursday, Rep. Nekritz said, “I believe that the existing statute is a significant intrusion into First Amendment rights, so with the prosecutions and the court cases that have been reported about, it just seemed that this is a problem in need of a swift solution.”

Last August, a Cook County jury acquitted a woman who had recorded two Chicago police internal affairs investigators she believed were trying to dissuade her from filing a sexual harassment complaint against a patrol officer.

In another Cook County case, Chicago artist Chris Drew is facing trial for allegedly making an illegal audio recording of Chicago police during a 2009 arrest for selling art on a downtown street without a permit.

In September, a Crawford County judge ruled the law unconstitutional and dismissed eavesdropping charges against a man accused of recording police and court officials without their consent. Read the full article »

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GPS Tracking Device Could Have Prevented Tragic Murder

By Dawn in court cases, Crime, gps, gps tracker, Investigations, MSI Detective Services, murder, Police Records, Safety, stalking, Violence at December 22nd, 2011 | No comments

 

 

 

 

According to a report made by a local news station in Denver, CO, a teacher was fatally shot and killed by her ex-boyfriend outside her Denver apartment on December 16. A GPS tracking device that would have been able to warn the victim that the suspect was nearby was not requested by the Denver District Attorney’s Office.

If the suspect, Ryan Miller, had still been wearing the GPS tracker, it would have alerted Andrea Roan that he was just outside her apartment; however, it was removed after a previous domestic violence case involving Miller and Roan was taken over by the Denver District Attorney. Upon taking on the case, the District Attorney decided they did not need to track the suspected killer.

Without being privy to the details of this case, I would still have to surmise that this man was considered a dangerous character for the court to have required him to wear a GPS tracker. I wonder what changed, if anything, that led to the decision of the District Attorney to have the GPS tracker removed. This is a tragic death that could have been avoided.

“We don’t ask for it [GPS tracking devices] in every case, just those cases where we think it would be appropriate and necessary,” says Vince DeCroce. Although he was unable to talk about any specific cases, he did explain that authorities often request GPS tracking devices when they believe the victim’s life could be in danger.

Apparently, Andrea Roan’s life was in danger because she lost her life as a result of this decision.

“First and foremost is victim safety,” DeCroce says. “The tracking device sends an alert to the monitoring company if the suspect gets near the victim’s home or workplace. The company then immediately warns the victim.”

It doesn’t sound like “victim safety” was a priority here.

According to law enforcement authorities, Miller waited outside Roan’s apartment last Friday morning and then shot her in the head as she drove away. Read the full article »

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A Clerical Error Landed Kathleen Casey on the Streets

By Dawn in Background Checks, court cases, Criminal Background Check, Criminal Records, legal papers, MSI Detective Services, Police Records, Private Investigator at December 21st, 2011 | No comments

 

 

 

 

 

If you are an employer needing background checks performed on prospective employees, MSI Detective Services offers this service. Mistakes won’t be make like the ones you will read about in this story because we have the means to accurately check and cross-check information. For example, in the first story, our staff would have noticed that the birth date did not match the age of the individual, and even if it did, one of our Private Investigators would have pulled the police report to ensure they had the right person. Employers should also know that they are required by law to inform job applicants when they have been rejected because of negative information in a background check. This gives the applicant an opportunity to clear up any mis-information. So, unless you want a lawsuit on your hands, you are advised to do a proper background check and follow the law.

Out of work two years, her unemployment benefits exhausted, in danger of losing her apartment, Casey applied for a job in the pharmacy of a Boston drugstore. She was offered $11 an hour. All she had to do was pass a background check.

It turned up a 14-count criminal indictment. Kathleen Casey had been charged with larceny in a scam against an elderly man and woman that involved forged checks and fake credit cards.

There was one technicality: The company that ran the background check, First Advantage, had the wrong woman. The rap sheet belonged to Kathleen A. Casey, who lived in another town nearby and was 18 years younger.

Kathleen Ann Casey, would-be pharmacy technician, was clean.

“It knocked my legs out from under me,” she says.

The business of background checks is booming. Employers spend at least $2 billion a year to look into the pasts of their prospective employees. They want to make sure they’re not hiring a thief, or worse.

But it is a system weakened by the conversion to digital files and compromised by the welter of private companies that profit by amassing public records and selling them to employers. These flaws have devastating consequences. Read the full article »

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