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GPS search (5.00 / 1) (#2)
by Deconstructionist on Wed Oct 18, 2006 at 08:37:35 AM EST
  I'm not sure I follow this. What is the supposed issue as to "how far" a GPS unit's memory may be searched? Assuming, that the GPS unit was lawfully seized (a distinct issue) what conceivable argument is there that the police may not search the unit for evidence of the location of contraband or the fruits of a crime?

  The police might then need to get a specific search warrant based upon an affidavit establishing probable cause the GPS contains evidence, but again that is a different isssue than "how far" they may go in searching the unit.

  How would this be any different than if the police lawfully seized a day-planner in which a defendant wrote down his itinerary?

  Even if we go the next step to forensic recreation of deleted data from the GPS, would that be any different than the police taking steps to read writings that had been erased or blacked-out and were not readable with the naked eye,  but were capable of being read with chemical or physical manipulations.

   Certainly, you are not suggesting that because the GPS unit might also contain private information not related to criminal conduct it may not be thoroughly searched?

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