Top court rules investigation using GPS without warrant illegal

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  • 0

    Aly Rustom

    Good news. I guess we haven't become a complete police state yet. good to hear that some civil liberties are still in existence.

    the police were found to have installed 16 GPS tracking devices to vehicles of the man and others over a period of roughly six months in 2012 and 2013 without obtaining a warrant

    The question I have is why didn't they just track them by their smartphones? Unless they all didn't have smartphones

  • -2

    thepersoniamnow

    Aly, for the same reason that they have to stop using GPS, its illegal. But tracking someone via their phone is much more controversial.

  • 0

    Citizen2012

    The Supreme Court on Wednesday ruled it illegal for police to collect global positioning data without a warrant during an investigation of a man over theft cases in western Japan, raising questions about what policing methods are appropriate.

    It is ruled "illegal" by the supreme court but only raised questions ? Police should abide the laws and stop the illegal practices, there is no need to question anything.

  • -2

    thepersoniamnow

    @Citizen

    I think that in Japan officials and powerful people, can get away with a lot more than in many countries. Half the time an apology is all that's needed. In that case, if nobody's going to jail or fined then why not?

  • -1

    gogogo

    I wonder if the wording is around "GPS tracking" and not "tracking"... if it is the later the police just need to use a different technology :(

  • -4

    gaijinkurd

    Another win for organized crime! As technology advances and Japanese police continue to have their hands tied behind their backs in the name of "civil liberties" it is only a matter of time before organized criminals get a huge upper hand. Just look at the ATM heist last year causing Japanese banks to lose millions. Anything holding back the police from being proactive in solving cases will only hurt us regular citizens trying to live a peaceful life, as we will eventually become victims. Just look at other countries and how crime rates continue to rise there as the police are stymied.

  • 1

    Dango bong

    you mean we need legal permission to spy on people with GPS? duh...

  • 0

    therougou

    @gaijinkurd

    I agree completely.

    “I’m satisfied that the GPS investigation was judged to be illegal. The court found that a wrong thing is wrong,” Iwakiri, who has been released on bail, told Kyodo News.

    Of course the criminal is satisfied. How is following with a GPS any more wrong than following on foot or in a car?

  • 0

    F4HA604

    I think this was the right decision, but I also agree with the part where they said a new law needs to be enacted such that once a warrant is issued, they can GPS track suspects without having to present the warrant to the suspect.

    Basically the same as before but with a 3rd party (judicial) making sure there's sufficient evidence/reason that tracking of the suspect is justified.

  • 4

    socrateos

    Another win for organized crime!

    Police can still use GPS. They just need to obtain a warrant first. That's a reasonable legal decision. They shouldn't be allowed to use GPS on anybody they want on a whim or "デカの勘", but they should be allowed if they can provide justifiable reasons to an independent branch of governments (judiciary system).

  • 0

    Dennis Bauer

    @Citizen2012 no no, it about not getting caught!

  • 0

    Aly Rustom

    Aly, for the same reason that they have to stop using GPS, its illegal. But tracking someone via their phone is much more controversial.

    Oh I agree with that, but what I'm saying is they could have tracked the phones before the ruling came out. The reason they were discovered in the first place was because they used a tracking device. Had they just tracked the phone itself, it would have been much more difficult to detect and they may have gotten away with it. (not that I'm complaining, mind you)

  • 0

    thepersoniamnow

    Gaijinturd

    You are mixing things up. There's steps and due process. Get a warrant THEN get the GPS. Saying that the police can exclude these steps, means that as a society the police can make personal judgements on who to track. That's not their job, that's the job of a judge.

  • 0

    Triring

    One point, the police can track or tail a suspect by physical means without a warrant they just can't plant a tracking device on them to track them remotely.

  • -1

    smithinjapan

    I'm a little surprised, but only a little. The reason why is because of course there will be no punishment, and also very soon the laws will simply change to make it legal. They'll ram that through without public consideration, too.

  • -1

    Triring

    Smithy

    Fat chance, they'll have to change the constitution to do that.

  • 0

    therougou

    @thepersoniamnow

    You are mixing things up. There's steps and due process. Get a warrant THEN get the GPS. Saying that the police can exclude these steps, means that as a society the police can make personal judgements on who to track. That's not their job, that's the job of a judge.

    They CAN choose who to track. Did you read this part?

    Prosecutors argued the GPS use was legitimate as it falls under the same category as a stakeout or tailing, which require no warrants issued by courts. They said during the top court hearing that even if the investigation is seen as mandatory, investigators only need to present a warrant to a subject after the probe.

    And, if the following applies, the GPS will basically be rendered useless, because even and idiot criminal will lay low if the police tell them they are going to be tracked beforehand.

    Generally, mandatory investigations, such as an arrest or a house search, require investigators to obtain a warrant and present it to the subject prior to taking action.

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