{"id":1889,"date":"2008-06-21T09:20:22","date_gmt":"2008-03-17T08:48:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-17T08:48:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1889","title":{"rendered":"Posse Comitatus Act not violated by AFOSI investigation and installation of GPS transmitter on her car"},"content":{"rendered":"<p>Appellant claimed that her airman husband deserted to Canada, and the Air Force Office of Special Investigations opened an investigation into possible desertion. They found nobody who would back up her claim that he was thinking about deserting. She had the authority to drive her car onto the base, so they got permission from a higher command authority to put a GPS transmitter on her car, and they found she drove to a pond in an isolated area, which they searched. She worked at a veterinary clinic, and her browser history on a computer she used showed &#8220;internet searches on the subjects of polygraphs and &#8216;decomposition of a body in water.'&#8221; She admitted to moving the body to protect whoever killed him. She was convicted of murder and tampering with evidence. AFOSI had a legitimate reason to investigate, so there was no violation of the <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/ts_search.pl?title=18&amp;sec=1385\">Posse Comitatus Act, 18 U.S.C. \u00a7 1385<\/a>. Even if there was, it would not support suppression of evidence under state law.  Finally, installation of the GPS transmitter violated no right of hers. <a href=\"http:\/\/www.3rdcoa.courts.state.tx.us\/opinions\/HTMLOpinion.asp?OpinionID=16614\">Davidson v. State<\/a>, 249 S.W.3d 709 (Tex. App. \u2014 Austin 2008).<\/p>\n<p>Officer had reasonable suspicion for a stop based on a 911 call from a convenience store clerk who had been robbed, and he saw a vehicle in the vicinity matching the description within two minutes of the call. <a href=\"http:\/\/www.utcourts.gov\/opinions\/appopin\/martinez031308.pdf\">State v. Martinez<\/a>, 2008 UT App 90, 182 P.3d 405 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1889\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1889","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1889","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1889"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1889\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1889"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1889"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1889"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}