Mobile Tracking devices are one of law enforcements greatest tools in combating crime. One of the key issues that arises in the area of criminal defense is the over use or misuse of these devices by the police. Orders for the installation and use of mobile tracking devices may be issued by a court of common pleas. intent to deliver The statute dealing with law enforcement’s ability to use Mobile Tracking devices can be found in Title 18 section 5761 of the Pennsylvania Crimes Code. This section of the code lays out what law enforcement must demonstrate to a court of common pleas judge in order to be permitted to use Mobile Tracking Devices. Specifically the government must make a written application to a judge setting forth probable cause that the defendant has committed criminal acts and that the use of a mobile tracking device will yield information relevant to the investigation of the criminal activity.
The purpose of this statute dealing with Mobile Tracking Devices is to permit Law enforcement to track a criminal defendant’s movements by placing one of these devices on a defendants car. Law enforcement is someone limited in its use in this statute in that these devices may only be used in the Commonwealth of Pennsylvania. loitering and prowling They may not be used to track vehicles when they enter other states. Additionally, the government is only permitted to use this device for a maximum of 90 days. They can request an extension from a Judge only if they can show good cause to do so. These court orders can be challenged in court by a Chester County Criminal Defense Attorney. If the government cannot show at a suppression hearing that they had probable cause to place the mobile tracking device on the defendant’s car then the fruits of the device must be suppressed.