Case Pits Technology-Based Police Search Against Citizens' Rights

By DAN FROSCH
November 19, 2012

AURORA, Colo. - On the afternoon of June 2, the authorities say, a 
former music teacher named Christian Paetsch walked into a Wells 
Fargo bank waving a gun and ordered everyone to lie down.

About 15 minutes later, a phalanx of police cars descended upon an 
intersection a few miles away, blockading dozens of shocked motorists 
- including Mr. Paetsch, whom the authorities had tracked with a GPS 
device buried in the $26,000 he was accused of stealing.

But with only the faintest physical description and unsure which 
vehicle the device was in, the police trained their weapons on all 20 
cars at the intersection and ordered people to show their hands. For 
nearly two hours, the police ordered every driver and passenger to 
step out of their cars, even handcuffing some of them, before 
discovering the missing money and two loaded firearms in Mr. 
Paetsch's S.U.V.

The case, now winding its way through the federal court system, is 
being watched by Fourth Amendment lawyers and law enforcement 
experts. While advanced technology now gives the police the power to 
shadow a suspect moments after a crime is committed, there are still 
legal questions over how wide a net the authorities can cast while in 
pursuit.

At issue is not Mr. Paetsch's involvement in the robbery. Rather, his 
lawyer, Matthew Belcher, a federal public defender, has argued that 
evidence seized from Mr. Paetsch's vehicle should be thrown out on 
the grounds that the roadblock was unconstitutional.

...

http://www.nytimes.com/2012/11/20/us/case-pits-police-use-of-technology-against-citizens-rights.html

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