Posted by Centipede Nation Staff on February 24, 2020 10:08 pm

Removing a GPS tracking device from your car isn’t theft, court rules…

Indiana’s highest court threw out a search warrant against Derek Heuring last week after the Sheriff’s office argued that he had “stolen” a GPS tracking device belonging to the government. Derek Heuring discovered the GPS tracker on his car and removed it. Indiana’s Supreme Court concluded that he didn’t actually ‘steal’ anything, and the cops should have known they were wrong.

Derek Heuring, an Indiana man the Warrick County Sheriff’s Office [was] suspected of selling meth. Authorities got a warrant to put a GPS tracker on Heuring’s car, getting a stream of data on his location for six days. But then the data stopped.

Officers suspected Heuring had discovered and removed the tracking device. After waiting for a few more days, they got a warrant to search his home and a barn belonging to his father. They argued the disappearance of the tracking device was evidence that Heuring had stolen it.

During their search, police found the tracking device and some methamphetamine. They charged Heuring with drug-related crimes as well as theft of the GPS device.
[…] Even if the police could have proved that Heuring had removed the device, that wouldn’t prove he stole it, the high court said. It’s hard to “steal” something if you have no idea to whom it belongs. Classifying his action as theft would lead to absurd results, the court noted…

Read the rest.

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