LOS ANGELES - In their cocoons of leather upholstery, soothing high-tech sound systems, and automatically activated personal seat settings, drivers have come to regard their car interiors as mobile extensions of the homes that are their private refuges.
The courts have tended to disagree.
Global positioning systems and factory-installed "black box" event data recorders effectively keep late-model vehicles under surveillance 24/7, providing evidence that can place a suspect at a crime scene, undermine an alibi, expose a cheating spouse, or prove liability in an accident.
Although privacy rights advocates warn that the devices augment an already intrusive network of security cameras, speed-monitoring radars, and instantly available databases, police and prosecutors hail the technologies as powerful investigative and forensic tools.
GPS tracking records introduced at trial put a Yolo County, Calif., man at the scene of arson fires, leading to his conviction in October for setting a dozen blazes in 2006.
A Commerce, Calif., man suspected of robbery was tracked by Los Angeles County Sheriff's Department detectives who planted a GPS unit in his car, mapping his movements and using the evidence to convince a jury he was guilty of assault with a deadly weapon.
In murder cases in Illinois, Washington, and California, including the trial of Scott Peterson for killing his wife and unborn son, the technology has been credited with helping establish guilt.
The evidence is sometimes the product of unwitting self-surveillance. GPS units keep positioning tracks that, if not erased, create a record of a person's movements.
Event data recorders are standard equipment in most new cars. They record speed, braking, signaling, and other driving behaviors, and can show investigators vital details about what led to a crash.
Wisconsin attorney David A. Schumann, who did some of the earliest legal analysis of GPS potential, points out its usefulness in tracking suspects, locating victims, and monitoring released convicts.
"There are cases where people have gotten hung by their own GPS, bought for purposes of evading the law only to have it used against them," Schumann said of drug traffickers and migrant smugglers caught with evidence they unknowingly gathered against themselves.
He also recalled the case of a Wisconsin man compelled to plead no contest to felony charges after using a GPS to stalk a former girlfriend.
Corporate owners of car and truck fleets, like rental and delivery companies, legally can track their vehicles and act on employee misconduct detected in the process.
But "Tracks of third parties, or of their property, without their knowledge are probably inadmissible and even illegal unless the tracks are conducted by law enforcement," Schumann said.
Also, in a slap at unauthorized consumer surveillance, state courts in Connecticut and California have struck down rental-car company practices of imposing surcharges based on GPS detection of excessive speeds or prohibited out-of-state travel. California banned such tracking four years ago, but rights advocates remain wary of the expanding surveillance.
"We are always concerned about individuals being tracked without their knowledge or informed consent," said Tori Praul, privacy researcher for the American Civil Liberties Union of Southern California
4 comments:
Kelly, I was immediately hooked on your current event after reading the first paragraph. The first paragraph was so well written that I wanted to see how the rest of the current event turned out. As the current event went on, the same style of writing continued to keep my interest on the subject at hand. Usually at the end of the current event I feel as if information was missing from the summary, however, in your case, I felt I learned everything I needed to know on the matter of GPS tracking.
Although I really liked your current event, I thought it was a little long and could have been shortened up in some areas. In addition, I was a little confused when you jumped from instances where GPS helped solve crimes to the legality of monitoring an individual via GPS. I feel you could have made that transition a little clearer and smoother.
In the end I thought your current event was well written and very interesting and enjoyable to read.
In murder cases ... including the trial of Scott Peterson for killing his wife and unborn son, the technology has been credited with helping establish guilt.
No, it offered nothing. What it did was make the state's case look 'scientific' when in fact it relied solely on slandering the defendant. After spending $11 million, the state had no evidence whatsoever of Peterson's guilt - just prejudicial innuendo.
Kelly, this was a great post. You picked a good topic by explaining how GPS systems can assist in crimes and also described it in detail. GPS systems can track records and expose criminals. I liked how you added some examples of how this technology plays a part in forensics. It would be helpful, however, to add the link of where you found this article. Otherwise, great post.
First of all, I think that the opening is very compelling. It makes me want to read on. I think the topic is very interesting because we all are affected by it. Everyone drives cars and could be subject to being tracked. Finally, I think it was great the author quoted an expert, David Schumann.
Maybe the author could have given her opinion on the issue, whether she thought that it was an invasion of privacy or not. Also, maybe the post could have been a little shorter; it was a lot to read.
I had no idea that the GPS system in my car has been tracking my movements. It's a little concerning.
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