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Indiana man charged with theft for removing police tracking device from car

washingtonpost.com

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Re: Indiana man charged with theft for removing police tracking device from car

#92
post #56

However you may feel about the theft charge, if you find a tracker on your car, don't take it off. It's an occasion to call the police. Someone is either committing a crime by tracking you illegally or you're letting the police know you found their tracker. Maybe they'll remove it, as once the tracker is known to exist it's useless. If you want to go the route of civil disobedience and take it off on moral grounds, y…

It should be noted that the tracker did not say "property of the police" and if even it had, there's no way to know if it was the police (since cops don't tell people they're being investigated and someone else could put a stamp on their own tracker. And it's one police unit that has placed the tracker, dispatch or whoever you might call, won't know which unit placed the item or whether a unit did).

From article: "'What if it’s not the police’s tracker device?' asked Justice Geoffrey Slaughter. 'What if instead it belongs to the jilted girlfriend or the nosy neighbor? Is it also theft if he removes that device from his vehicle?'"

Re: Indiana man charged with theft for removing police tracking device from car

#93

Earlier quoted context omitted.

If you hide something on my car to spy on me then it's not reasonable to expect it back if I find it. Charging somebody with theft for something like this is effectively rewarding the police for being incompetent. One of the worst mistakes in modern government is pretending that the people 'serving' have more rights and privileges then everybody else. They should have less.

So police and firefighters shouldn’t be allowed to run red lights?

Not OP, but: not per se, no. Only in the pursuit of some specific task which requires them to do that. Just like a citizen can run a red light if they have to rush someone to a hospital.

Or at least I’d hope they can.

Re: Indiana man charged with theft for removing police tracking device from car

#95
That part doesn’t sound right:

> trackers placed by the government under a warrant are distinct from those placed by private citizens. Removing a device from a car where it has a legal basis to be “deprives the police of its use,” he claimed, and constitutes a crime.

You have no way to tell a police tracker from a stawker’s one. How can removing it possibly constitute a crime?

Re: Indiana man charged with theft for removing police tracking device from car

#96
post #42

Earlier quoted context omitted.

Since you don't know whose tracker it is maybe the best thing to do is "lose" it again. Drop it down the nearest drain so you can plausibly say you never saw it and it must have fallen off.

> Since you don't know whose tracker it is maybe the best thing to do is "lose" it again. Often, knowledge of surveillance almost completely diminishes its effectiveness. If you know your car has a tracker on it, the police won't get anything useful out of it, because you won't drive to any place you don't want the cops to know about. Leaving it in place also has the advantage that you don't alert the police that you…

You might need to go to those places, though, and not have alternative transport.

Re: Indiana man charged with theft for removing police tracking device from car

#97

If someone drops something in my car, and I unwittingly drive off with it, it is still not mine. But I did not steal it. If the person asks for it back, and I refuse, then I am stealing it. All the police had to do was knock on his door and ask for it back. If he refused, that's grounds for theft. If he denied knowledge of it (like if it had just fallen off somewhere) that doesn't sound like sufficient grounds for a…

This is correct. Theft requires the mens rea of turning someone else's property into your own. If you mistakenly believe the item is yours, you cannot be guilty of thefttheft. IIRV, the same goes if you believe an item is abandoned.

Re: Indiana man charged with theft for removing police tracking device from car

#98

Earlier quoted context omitted.

If you hide something on my car to spy on me then it's not reasonable to expect it back if I find it. Charging somebody with theft for something like this is effectively rewarding the police for being incompetent. One of the worst mistakes in modern government is pretending that the people 'serving' have more rights and privileges then everybody else. They should have less.

So police and firefighters shouldn’t be allowed to run red lights?

Well, this depends.

On the way to an emergency? Of course they should. And people should pull over.

And only sometimes while on the job. For example, if they catch someone for speeding and happen to go through a red light, I don't find that to be a grave thing. Speeding is easily a public hazard. Going off to investigate a theft where the thief has left the property, though? No need to run the light as the delay won't make a difference. Going to a car accident, especially with hurt folks or that is blocking traffic? Yes. Car accident in an open section of parking lot? Rarely necessary.

Re: Indiana man charged with theft for removing police tracking device from car

#99

Earlier quoted context omitted.

Worse is the whole guilty until proven innocent scenario the media (and our society) has created. All it takes is being a suspect once to have your life turned inside out. For years people will suspect you of whatever horrors were committed by someone else. The founding fathers are rolling over as they say if they heard where this country has gone.

You can't say that media and public shame are worse than the abuses of the criminal justice system. Your life may get turned upside down if you are simply accused of some crimes (especially sexual crimes), but you may very well bounce back. Getting rightly accused of possession of light drugs and ending up in prison is a much worse outcome, and it happens to many, many times more people. And unlike the celebrities th…

How is actually committing a crime and going to prison somehow worse than being wrongfully accused and affected for life?

Re: Indiana man charged with theft for removing police tracking device from car

#100

Earlier quoted context omitted.

If you hide something on my car to spy on me then it's not reasonable to expect it back if I find it. Charging somebody with theft for something like this is effectively rewarding the police for being incompetent. One of the worst mistakes in modern government is pretending that the people 'serving' have more rights and privileges then everybody else. They should have less.

I'd settle for experimenting with "same". If a regular citizen can't plant a bug, neither can police. If police can conduct a stakeout, so can regular citizens. They just have to follow the same process. That might include going in front of a judge and getting a warrant. If a regular citizen could break up a bar fight, the police should be able to take the same actions. If police can set up a sting operation, so shou…

So which do you think makes more sense: Police are not allowed to arrest people, or everyone is allowed to arrest?
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