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Criminal Law

: Fourth Amendment

Posse Comitatus Act not violated by AFOSI investigation and installation of GPS transmitter on her car

By John Wesley Hall, Jr.

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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 "internet searches on the subjects of polygraphs and 'decomposition of a body in water.'" She admitted to moving the body to protect whoever killed him. She was convicted of murder and tampering with evidence...continue to full post

Full post as published by Fourth Amendment on March 17, 2008 (boomark / email).

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