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Criminal Law

: Fourth Amendment

W.D.Ky.: Unlawful towing of vehicle to install court ordered tracking device did not make tracking device unreasonable

By John Wesley Hall, Jr.

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Defendant's vehicle was unlawfully seized when it was towed, and a court ordered tracking device was installed. The unlawful towing did not make the installation of the court ordered tracking device. United States v. Williams, 2009 U.S. Dist. LEXIS 81421 (W.D. Ky. June 12, 2009): Here, no legitimate noninvestigative purpose existed for the police to remove Defendant Williams' automobile from the parking lot. The vehicle was lawfully parked and presented no danger to the public, nor was the vehicle itself shown to be at risk. Most importantly, Williams' wife and her friend, Cherie Liggons, were present and available to drive the vehicle back to Williams' Apollo Ct. home. Instead of releasing the automobile to the two women, the police had the vehicle towed purely for investigatory purposes so that the permanent electronic tracking device could be surreptitiously installed...continue to full post

Full post as published by Fourth Amendment on September 11, 2009 (boomark / email).

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