What right do we have if GPS tracking device removed from your vehicle?

[johndoe3]

http://www.guns.com/2017/05/19/arrest-m ... mily-of-8/

The above article is about an Ohio man who is a suspect in the murder of a family 8 (his relatives) in 2016. As part of the murder investigation the Ohio Criminal Investigations unit obtained a secret warrant to place a GPS tracking device on his vehicle.

The man found it somehow and removed the GPS tracking device and supposedly destroyed it. He was arrested and charged with 2 felonies in Ohio--Tampering With Evidence and Vandalism. This guy may eventually be found guilty for involvement of the murder of 8, or he may be entirely innocent.

What right do we have in removing a GPS tracking device on our own vehicle, if no warrant had been served to us? I'd be inclined to remove a GPS tracking device on my own vehicle too (I don't know the answer to this question and the answer may be slightly different in each state).

Would you remove it or just heavily wrap it in aluminum foil?

[T-Rex]

Not sure what I'd do with it, other than to remove it.
Maybe, stick it to a CSX train.

Pretty sure this isn't enough evidence for a jury to convict, beyond a reasonable doubt

Also, not sure how you convict someone of evidence tampering, when they're not aware it's pertinent to a crime. Especially a felony. And a felony for vandalizing a $300 GPS unit, seriously?

[doubloon]

Once you gift it to me it's my property to do with as I please.

[poikilotrm]

The listening devices in my home were destroyed. I don't know which agency placed them. They may have been old ones from an investigation of a previous tenant who had been selling drugs. At any rate, they got smashed and trashed, and nobody said a word, even after I told the cop's attorney about it under oath.

If it is in my possession, it is mine. They didn't want it destroyed, they shouldn't have given it to me.

[fishman]

If a plain clothes officer comes in your house to arrest you unannounced with a secret warrant, he's gonna get shot.

Likewise, unless the tracking device says "property of police, do not destroy" then destroy the thing...

[John A.]

Unless I misread the article, said there was a warrant on the vehicle. But also said it was sealed at this time, so if the suspect was never served the warrant, that would not bode well for the investigating agency if I were on the jury.

Also read where the suspect removed it, but no markings indicating ownership and I'm just going to assume he was never served papers.

I didn't read anything that said the home was bugged without a warrant. I don't think I missed it, but I don't recall it either.

[poikilotrm]

Unless I misread the article, said there was a warrant on the vehicle. But also said it was sealed at this time, so if the suspect was never served the warrant, that would not bode well for the investigating agency if I were on the jury.

Also read where the suspect removed it, but no markings indicating ownership and I'm just going to assume he was never served papers.

I didn't read anything that said the home was bugged without a warrant. I don't think I missed it, but I don't recall it either.

what is the difference from the POV of the suspect if there is no warrant, vs there is a secret warrant? If I don't know about a warrant, then I don't know about it, which means there is de facto no warrant.

If an armed cop in plainclothes busts into my house, and I kill him, it doesn't matter if he has a warrant or not, I saw a threat to my life that was not plainly a cop, and I acted appropriately and within the bounds of common sense and the law. Same logic.

[John A.]

He was under investigation for the murder of 8 people.

On a similar note, I'm sure the fbi didn't tell Al Capone they were tapping his phones either.

Not really that different at all by practice or in theory.

Still, if I were on the jury, the prosecutors would likely have a very poor day once it rested its' case concerning the tampering charges and such because based on what little I know right now, there's no way I could agree with those charges.

Guy found something on his car that wasn't supposed to be there, no markings on it, I don't care if the guy ran over it and crushed it into a million pieces, I couldn't with good conscience say he did anything wrong by doing such.

But you don't necessarily get served a warrant when you're under investigation.

In my state, they can even go through your trash on the street without a warrant. I don't think that's right either, but that's the way it is.

[doubloon]

...
In my state, they can even go through your trash on the street without a warrant. I don't think that's right either, but that's the way it is.

If you find the code it should read they can go through your trash once it's at the curb or on the street or off your property.

Setting foot on your property and removing items without a warrant even if they are in a trash can should be illegal search and seizure.