Notes

A federal grand jury indicted Joe Smith for assorted firearms and drug trafficking offenses. His
trial will begin in a few months and he is currently being held without bail. Several government
witnesses have reported that they are being harassed and threatened because of their role
as potential witnesses in the upcoming trial. Unknown suspects have vandalized the witnesses'
property. These incidents have occurred at random locations, including the witnesses' homes
and places of employment, the residences of friends and relatives during the witnesses' visits,
and the witnesses' cars. In several instances weapons have been fired at the homes where the
witnesses live or were visiting. Attempts at conducting surveillance have proven to be unsuccessful
and resources do not exist to offer twenty-four-hour protection to the witnesses.
It is clear that someone is engaged in witness tampering in violation of federal law, and
if these activities continue, they could jeopardize the upcoming trial. Several of the defendant's
close associates have been identified as likely suspects. However, there is not enough
evidence that would provide the necessary probable cause to arrest these suspects at this time.
The investigators decide to employ GPS tracking devices to compare the timing and location
of specific future events with the movement of the suspects' vehicles.
Federal law indicates that the suspects may have expectations of privacy in the interior
of their vehicles; however, this expectation does not apply to the exterior of their vehicles.
Accordingly, the law allows the investigators, without a warrant, to install tracking devices on
the exteriors of the vehicles. For example, two of the suspects park their vehicles on the street
at night, so access to the vehicles and the installation of the tracking devices is not a problem.
One suspect lives in a gated community and parks his car in his garage at night. This subject
is subsequently followed to his girlfriend's apartment one night where he leaves the vehicle
parked on the street overnight where installation of the tracking device is completed.
The final subject also garages his vehicle at night, but during the day it is left unattended
while he is at work and the installation is completed while the vehicle is unattended.
With the installation of the tracking devices in place, the investigators are able to track
the exact location of the suspects' vehicles within a small window of time when acts of witness
tampering occur. These acts include vandalism of cars, with rocks thrown through car
windows, and shots fired at a witness' home. This evidence led to the indictment of two of the
suspects for witness tampering and other offenses.
I. Regarding the case study, compare the investigative steps that
would have been necessary to make an arrest in this case if
GPS tracking devices were not available.
2. Explain the concept of benefit in relation to motive for a crime.
3. Is the basic lead of knowledge more likely to be concerned
with motive or opportunity for a crime?