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Police Busted When Tracking Device Found On Car
Posted by
kdawson
on Sun Sep 09, 2007 01:12 PM
from the george-orwell-meets-the-keystone-kops dept.
from the george-orwell-meets-the-keystone-kops dept.
uh oh notes a story from Down Under where a police investigation came to a screeching halt as a man being investigated by the police found tracking devices in two of his cars, ripped them out, and listed them on an auction site. "Ralph Williams, of Cromwell, said he found the devices last week in his daughter's car, which he uses, and in his flatmate's car after the cars were seized by police and taken away for investigation."
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Police Busted When Tracking Device Found On Car
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Good going from the PR dept. (Score:5, Funny)
(http://www.realistic-dragon.co.uk/)
A Trade Me spokesman said the listing was removed yesterday afternoon "at the request of the New Zealand Police".
Re:Good going from the PR dept. (Score:5, Funny)
Re:Good going from the PR dept. (Score:4, Informative)
"A Cromwell man who found police surveillance gear in two cars they returned to him has been arrested for theft of property. [tvnz.co.nz]".
Can you legally sell them (Score:5, Interesting)
Re:Can you legally sell them (Score:5, Funny)
(http://www.asmor.com/)
Therefore, all the man has to do to be in the right is provide the police with 10% of the proceeds from the sale.
Re:Can you legally sell them (Score:4, Insightful)
(http://2130706433/ | Last Journal: Thursday July 19, @10:29AM)
This is false. If a meter wench put clamps on your wheels, they do not then automatically belong to you. And if someone welds a can of caltraps under the rear bumper of your car (to be shook loose at random), you can not be held responsible for accidents that's caused by them.
And no, if a burglar drops his wallet with $1,000 on your floor, that doesn't make the money yours. He may be guilty of a crime, but that doesn't give you any rights to what's not yours. Crime must not pay, neither for the perpetrator nor the victim (when it becomes profitable to be a victim, people will seek to become one, which increases crime instead of lowering it).
Transference of ownership occurs when both parties agree to it. It's not enough that one person thinks it's an ownership transfer.
What this guy did was theft. The police might or might not have broken a law by placing the devices on his car, but that's irrelevant to the ownership of the devices.
Re:Can you legally sell them (Score:5, Interesting)
Of course, now this guy has just pissed on the police...even if he weasels out of whatever he's guilty of, they will bust this guy's balls for years to come.
Re:Can you legally sell them (Score:5, Funny)
(http://lordbalto.com/)
Re:Can you legally sell them (Score:4, Insightful)
Re:Can you legally sell them (Score:5, Interesting)
(http://davecheatham.com/)
If a meter wench put clamps on your wheels, they do not then automatically belong to you.
No shit, Sherlock. Did the big 'Property of The City' on it clue you in there? There's a reason they put that on there, you know.
He found unlabeled boxes attached to his car. He called the police, he asked if the boxes were theirs. They were not. (At least, according to the police, and, obviously, they'd know.)
And if someone welds a can of caltraps under the rear bumper of your car (to be shook loose at random), you can not be held responsible for accidents that's caused by them.
You can't be held responsible for something you had no cause to know about, but that's entirely unrelated to whether or not it's your property. If they stole a box of nails out of your front seat and stuck them under your bumper, or just unattached your bumper and made it fall off, you aren't liable either. (Assuming the facts are not in question.)
And no, if a burglar drops his wallet with $1,000 on your floor, that doesn't make the money yours. He may be guilty of a crime, but that doesn't give you any rights to what's not yours.
Which is why I made the distinction between 'attached' and not attached. Sometimes things fall on or in your property. That does not make them yours. (Unless they are vegetation, which oddly enough is yours in most places.)
And sometimes things are left on your property, for you, and they are in fact yours.
It's all what a reasonable person would think. A reasonable person assumes a wallet laying on the ground is not for him (Even in his own house), whereas a reasonable person would assume an unlabeled envelope taped to his door full of cash is for him, even if he can think of no reason why this would be.(1) However, sitting in his front lawn, nope, not for him.
Likewise, if you're parked in a parking lot and walk up and see a cooler full of soda sitting on your car, it's reasonable to assume some ass is just using your car as a table and that is not, in fact, a gift.
And if you walk out and see something stuck under your wipers?(2) That is pretty clearly someone leaving you something on purpose.
In other words, while something simply being on your property doesn't make it yours (And I didn't say it did.), it doesn't mean it's not yours. Transfer of ownership can be implied by leaving something for someone.
It happens all the time with delivery people, or people leaving things in mailboxes. (According to postal regulations, things that enter the postal system are property of the recipient.) Or, like I said, things stuck under wipers.
He checked to see if the police had left it, which would be the only people that reasonable would attach things to his car not as a gift, and it wasn't them.
Now, if someone else shows up and claims it's theirs and the left it attached to his car by accident, he might be in trouble, but as it pretty obviously is the police's, only they would have grounds for complaint. And they can't because they said it wasn't theirs, leaving the obvious implication it was his.
1) Well, it might be on the wrong house, but that doesn't really apply to this case.
2) And that raises an interesting question. Are you honestly asserting that people can't legally claim ownership of pieces of paper stuck under their wipers? And before you say 'Paper is valueless', let's postulate it is an 85 dollar concert ticket.
Re:Can you legally sell them (Score:5, Funny)
(http://seenonslash.com/ | Last Journal: Monday June 11, @09:55AM)
Re:Can you legally sell them (Score:5, Insightful)
(http://www.the-martians.co.uk/upgrade)
And the papers, because they'll want to cover the argument between the military guy with the flack-jacket and the police guy with the red face.
Re:Can you legally sell them (Score:5, Funny)
(http://ron.dotson.net/)
We the people of the United States
Re:Can you legally sell them (Score:5, Funny)
Re:Can you legally sell them (Score:5, Interesting)
(http://www.p10link.net/plugwash/)
Re:Can you legally sell them (Score:5, Funny)
OK, I'm never going to Germany.
I could easily be accused of being a rapist, since I "own" certain "raping tools", i.e. a penis.
And I carry it with me all the fscking time.
Re:Can you legally sell them (Score:5, Funny)
FEMALE INTERVIEWER: So, General Reinwald, what things are you going to teach these young boys when they visit your base?
GENERAL REINWALD: We're going to teach them climbing, canoeing, archery, and shooting.
FEMALE INTERVIEWER: Shooting! That's a bit irresponsible, isn't it?
GENERAL REINWALD: I don't see why, they'll be properly supervised on the rifle range.
FEMALE INTERVIEWER: Don't you admit that this is a terribly dangerous activity to be teaching children?
GENERAL REINWALD: I don't see how. We will be teaching them proper rifle discipline before they even touch a firearm.
FEMALE INTERVIEWER: But you're equipping them to become violent killers.
GENERAL REINWALD: Well, you're equipped to be a prostitute, but you're not one, are you?
The radio went silent and the interview ended. You gotta love the Marines!
-- bash.org [bash.org]
Re:Can you legally sell them (Score:5, Insightful)
Yes, it's pretty stupid. Why don't you stop wasting your time and money impounding their equipment and just let them grow? It's completely harmless.
Re:Can you legally sell them (Score:4, Funny)
Re:Can you legally sell them (Score:5, Insightful)
(http://blakesley.eu/)
Assuming the police are responsible though, and they aren't admitting it is theirs, I'd imagine it is fair game. They can hardly complain about him selling their property if they deny it belongs to them.
Re:Can you legally sell them (Score:5, Funny)
I would've attached them to a police car, though. Or a public bus. Or some kid's tricycle.
Re:Can you legally sell them (Score:5, Funny)
Or flush it down a fast intercity train's toilet in a waterproof bag. Watch them try to chase it at 120 mph.
-b.
Warrant? (Score:1, Interesting)
Sue the police? (Score:2)
And what kind of law requires a warrent to do something, except when the police are claiming they are in a hurry and don't need a warrent if they think the judge will be on their side? Sounds like their judges have balls even smaller than those of American judges when it comes to stricking down bad laws.
I bet 90% of the time, the police intend to be in a hurry, and don't even consider asking for the warrent.
Re:Sue the police? (Score:5, Informative)
You do realize that the US has very similar rules of evidence, right? That whole 'exigent circumstances' thing? There are similar rules for FISA wiretaps, even before this whole NSA scandal thing, in that DHS could have tapped someone's phone then gone and gotten a warrent retrospectively.
It's more limited than the scope of this law seems to be, but the idea is by no means absent from the US legal system.
Re:Sue the police? (Score:5, Insightful)
(http://penguin.lvcm.com/)
Sometimes, the good guys need to break the rules in order to do the right thing. This
doesn't mean that disrespect for the rules in general should be ensrined into the law
or SOP. If the situation is really serious enough that you need to ignore the usual
rules then you need to be prepared to take any of the consequences for breaking them.
This is especially true for anyone that is supposed to be "setting an example".
If you are a cop and aren't willing to take the consequences for breaking the rules,
then it's pretty obvious that the situation doesn't warrant breaking them. Being too
lazy to get a judge's signature is not a good excuse. Writting the law so that cops
can be lazy as a matter of routine is not good.
This is the part of "being Dirty Harry" that tends to get missed.
Re:Sue the police? (Score:4, Funny)
You'll have to be more specific I'm afraid, I still can't tell which party that is.
Re:Sue the police? (Score:5, Insightful)
(http://trolltalk.com/ | Last Journal: Saturday November 03, @08:45PM)
"but what about smaller areas where a warrant at 3am means having to wrest an old man out of bed?"
Then you wake them up. Or you do your job properly, and plan better, so you don't have to go and bother someone at 3am.
Re:Sue the police? (Score:4, Interesting)
Re:Sue the police? (Score:4, Funny)
So, if you legitimately practice witchcraft, that's ok? Looks like the sort of law that would need a bit more fleshing out.
Why sell them? Then you admit they were there... (Score:5, Insightful)
Now if you want to get really funny, leave them powered up and transmitting on aforementioned backroad for a few minutes, make sure they get at least one location transmission off, and then beat the crap out of them.
Re:Why sell them? Then you admit they were there.. (Score:5, Funny)
(http://slashdot.org???? | Last Journal: Saturday August 12 2006, @03:06AM)
Police:Dear god, he is in the building 24/7 and yet we haven't seen him. He must be an invisible, cop hating machine that requires no food or water! Lets not fuck with him!
Re:Why sell them? Then you admit they were there.. (Score:5, Funny)
(http://timgray.blogspot.com/)
Re:Why sell them? Then you admit they were there.. (Score:5, Funny)
Would love to see the police phone bill after that ^_^
Even better (Score:1, Redundant)
Perhaps the best would have been to slip it inside the car of a local judge, or newspaper reporter. Then sit back and watch the police try to explain that one.
Two Words: Helium Balloons... (Score:5, Funny)
He should have attached the devices to helium balloons and set them aloft.
Re:Two Words: Helium Balloons... (Score:5, Funny)
(http://dattaway.us/)
Re:Two Words: Helium Balloons... (Score:5, Interesting)
(http://www.wemissjerry.org/)
2) Transfer devices to their vehicles.
3) CALL POLITICIAN AND JOURNALIST and tell them the cops have their cars bugged.
4) Enjoy the subsequent stories of Police Corruption in the newspaper.
Give them away. (Score:1, Redundant)
they will become mandatory sometime too (Score:2)
(http://www.karastathis.org/ | Last Journal: Tuesday April 05 2005, @07:51PM)
I believe that at some point in the future tracking devices are going to be mandatory and embedded in all vehicles. This will probably be based on some security or safety concern, which may even be imaginary. Another one reason to be car-free.
Re:they will become mandatory sometime too (Score:5, Insightful)
"Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety." --attributed to Benjamin Franklin
Re:they will become mandatory sometime too (Score:5, Funny)
(http://www.karmadillo.org/)
Legality? (Score:2)
Re:Legality? (Score:5, Funny)
(http://slashdot.org/ | Last Journal: Saturday February 05 2005, @03:50AM)
Or more likely, based on the article: "Not Property of New Zealand Police, we don't even know about it. Removal prohibited by order of New Zealand Police"
"Other operational matters"? (Score:1)
- RG>
Two devices two parties (Score:5, Interesting)
Ralph Williams arrested for 'Theft of Property' (Score:5, Informative)
I suppose the police will argue that listing the items as police bugs on an auction site shows awareness that the bugs weren't his to sell. Thus, he'd "stolen" them by their logic.
Mr. Williams' day in court promises to be interesting...
-Isaac
Re:Ralph Williams arrested for 'Theft of Property' (Score:5, Interesting)
(http://blakesley.eu/)
Why don't they just let it go instead of digging a deeper hole for themselves by arresting him and lying. This is almost as bad as the recent incident of the under-not-so-good-cover police agents provocateuse with the rocks trying to start a riot in Montebello, Quebec.
As stated in the article, he asked the police officer whose mobile phone device was contacting if the police had left their property on his car. When they denied they were theirs, he concluded they were fair game to sell as they were on his property. I think the judge might take a dim view of this.
Fascist Police tactics not so funny (Score:4, Insightful)
(and that's hard to do)
Since when is surveillance ever an issue of immediacy? You usually engage in it over a protracted period in order to slowly gather evidence. Also a warrant hardly ever takes more than a day or even a few hours to get in any country I ever heard of. Anyhow, what Judge is going to refuse a warrant for a bugging device considered so important by the Police that they have already installed it?
This seems to be a deliberate loop-hole in the law to allow for warrant-less surveillance. The very fact that a regular police force investigating a fairly low-level crime uses this tactic kind of implies that this is fairly widespread or typical behaviour as well.
Yet another reason never to go to Australia.
Re:Fascist Police tactics not so funny (Score:5, Informative)
(http://www.cs.waikato.ac.nz/~trigg/)
FYI, the article is referring to New Zealand, which is not yet a state of Australia.
When pigs fly (Score:1)
Things you can do with a police tracking device (Score:1)
Things you can do with a police tracking device:
1. Sell it on an auctioning site - that's what the guy did. Maybe he thought it would get him a few bucks. Didn't work that well, so let's try something else.
2. Destroy it - the Right thing to do. Not much to say about that. Net loss for the police, no gain to you.
3. Abandon it - Watch the cops surround a garbage bin, with hilarious consequences.
4. Attach them to a moving target - this is my favourite. Forget it in a cab, tape it to a bus, throw it on some truck, send it in the mail, whatever. I'd like to see those coppers try to keep tabs on you after a nice portion of wild goose chase.
To sum it up, this guy blew away a perfect chance to make stupid cops look even sillier.
Take Them To An Airport Men's Restroom (Score:2)
(http://www.clearplastic.com/)
Let's take them to the nearest airport men's bathroom and past one in each of the stalls!
Or tape them to the bottoms of seats in an adult movie theatre.
Or, find out which church the chief judge goes to and tape them to the underside of the pews in that church.
Peace
Goddam Summary (Score:1)
(http://www.dafing.20fr.com/ | Last Journal: Wednesday October 05 2005, @03:11AM)
Take them to a pig farm (Score:1)
(http://www.aperture.ca/)
I don't know about Australia but here in Canada you can turn in an item you found and I think if no one claims it in 30 days you can now claim it as yours. If so he shoudl have given it to the cops. If they claimed it then they just admitted to using the tracking devices. If no one claimed it then you own the devices and sell them all you want legally.
Hmmm... good idea! (Score:2)
Saves you the hassle to actually do it "just in case", they'll tell you if they did.
Down Under? (Score:2)
(http://www.uberconcept.com/)
While many "down under" residents view New Zealand as a minor state of Australia (a dimuitive Tasmania with more sheep), New Zealanders tend to take issue with this.
TV Interview (Score:1)
He found them AFTER the cars were taken? (Score:1, Troll)
(http://www.lullabud.com/)
How on earth did he find the devices after his cars were taken away?
Better Use..... (Score:1)
Or put it at the bottom of a 55-gallon drum of catfish bait and rotten meat, and then mailed it to the Police Dept.
How this was found... (Score:5, Interesting)
The article was very sparse regarding what problem he had with the cars that led to the discovery. I will take a speculation stab at this. Cell phones are well known for causing RFI problems with poorly shielded electronics doing everything from causing keyboards on PC's to lock-up to putting a buzz into radio and stereo gear.
The location of the device was on the passenger side footwell. This would place it close to the engine computer in many cars. It may be an easy to install location for the police and the GPS antenna can be located under the dashboard giving a good location for GPS reception through the plastic dash and windscreen, but the cell transmitter in that location could and probably did cause problems with both the stereo and engine computer. As he stated, it was a botched installation that led to the discovery. A proper install would have located the cell transmitter in the trunk away from sensitive electronics to transmit out the rear window. The car ran poorly, but it was probably the teltale radio noise that geve it away. Removing it fixed both the radio and engine computer.
This interference issue is why most magnet mount tracking devices are mounted on the rear of the car away from the engine compartment. Inside the plastic rear bumper on a metal bracket is a favorite location. there is little chance of interference revealing it's presence, and good GPS and cell signals.
Why not mail them? (Score:3)
Dumb crooks (Score:4, Interesting)
This is where he should have put them (Score:1)
Something related (Score:2)
(http://www.terminal.dk/)
This proved he was guilty, because in Denmark justice is above the individual, so all evidence can be admitted in court.
But, the two policemen also had to go to court, for doing the illegal monitoring. But this was a completely unrelated case.
In Denmark, selling the tracking would also be criminal, because they newer was the car owners.
You're thinking too small (Score:2)
If you really want to confuse someone, stash it somewhere in a commercial plane.
Slling An FBI tracking Device On E-Bay (Score:2)
(http://www.mountainlogic.com/)
Re:Frist Psot (Score:5, Funny)
Re:Would've been hilarious if... (Score:4, Funny)
(http://www.sigsegv.cx/)
Glue them to a bus. Best of all a long range one. Or a delivery van.
Re:Would've been hilarious if... (Score:5, Funny)
(http://www.tribbeck.com/)
Re:Would've been hilarious if... (Score:4, Funny)
(http://www.emaculation.com/)
Re:Would've been hilarious if... (Score:5, Insightful)
Re:Would've been hilarious if... (Score:4, Funny)
(http://www.sigsegv.cx/)
SIM card? (Score:4, Interesting)
(http://phorm.phormix.com/ | Last Journal: Monday May 19 2003, @12:08PM)
Personally, though, I think it might be more fun to attach the thing to a sewer-sucker or garbage truck... something unpleasant at any rate. Perhaps the interface would allow one to reconfigure the number it calls out to, so you could make use of the device itself.
Regardless, though,it seems that - legitimately or not - the police have it in for this guy, and doing anything of the like is just going to piss them off and provoke an unpleasant response. How about taking them to court for police harassment? If they don't have a warrant then you've got a good case (and who knows, you might be able to keep the things after, especially if it's denied they own them). If they do... well at least you get to see what the grounds of the warrant were.
Re:Would've been hilarious if... (Score:4, Funny)