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Old 01-28-2012, 08:04 AM
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Default Tempers Flare as DNR Stalls on Providing Warrants for GPS Trackers

http://mobile.wboc.com/?targetURL=ht...gation-meeting

Quote:
Tempers Flare Over Tracking Devices on Watermen's Boats

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Story posted 2012.01.27 at 04:09 PM EST


ANNAPOLIS, Md.- Tempers flared at Friday's Eastern Shore Delegation meeting in Annapolis, where lawmakers sparred with Maryland Department of Natural Resources officials over tracking devices the DNR placed on the boats of several watermen.

A year ago, several Dorchester County watermen found a tracking device underneath the sterns of their boats. DNR Secretary John Griffin admitted to placing the devices on the vessels to monitor any illegal activity. He said his department had warrants for the devices.

"We followed all lawful procedures, including securing search warrants from courts," Griffin said.

However, the DNR has refused to show the warrants to lawmakers.

"Here we are a year later, we still don't know what judge issued the warrant to authorize the tracking devices to be installed," said Sen. Richard Colburn, a Republican who represents Caroline, Dorchester, Talbot and Wicomico counties.

"They (DNR) say trust us, we are looking out for your best interest, we're doing everything constitutionally, and yet they will not provide any documentation that they followed the constitution," said Del. Michael Smigiel Jr., a Republican who represents Cecil County.

Earlier this week, the U.S. Supreme Court ruled that court authorization is necessary to place tracking devices on cars. Colburn believes that ruling also applies to boats.

Scott Todd, who serves as president of the Dorchester Seafood Harvesters Association, thinks the DNR's investigation of watermen has been a waste of time and money.

"It would be a much better use of the state's resources to put these black boxes on murderers, drug addicts, thieves and drug dealers, than just somebody who is looking for a fish," he said.

Probable cause needs to be established in order to obtain a search warrant. Probable cause statements and warrants are public records after they are returned to the court.

Delegates also asked Griffin times to produce the probable cause statements for the warrants his department obtained, but as with the warrants, he has refused to show them.



Story posted 2012.01.27 at 04:09 PM EST
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