Tempers Flare as DNR Stalls on Providing Warrants for GPS Trackers

[Spot77]

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

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

[Chesapeake Rock]

Sure sounds like DNR is covering something up

[garlien]

I understand the personal freedom thing and all...I would not want the police to "bug" my car...

However, if it were used for "business" purposes only, there is a place that I could understand, especially in light of recent events...

I dont like the stealth way they go about it, but if it was a "regualtion" I dont see the issue.

If they are not doing anything wrong, while using their boats for "work" why is it a big deal ?

[reds]

This is the whole thing in a nutshell.

"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. "

[Skip]

Scott Todd should run the names of convicted poachers through the Md court system search.

He'll find more then a few who have convictions for drug use and thief.

Got to question why any one would be against a simple GPS tracker if they are not doing any thing wrong.

Also have to question who is buying the stolen fish / oysters from poachers.

The more DNR can do to stop poaching - more fish / oysters there will be for everyone.

The more poachers steal - less there is for everyone.

[Spot77]

Why not put speed recorders on personal vehicles that transmit speed data to the state police so they can mail you a ticket everytime you break the speed limit?

Who would oppose such a thing since it's in the public's best interest? And if you're not doing anything wrong, then what do you have to worry about?

If the conditions of obtaining a commercial fishing license included the random tracking of boats, that might be different. MIGHT be...I don't know enough about the red tape those guys deal with really.


And the fact that the LAW REQUIRES a judge to sign off on the probable cause warrant, and may have been circumvented worries me greatly.

I don't want ANY law enforcement entity having carte blanche to violate the law, or our constitutional and civil rights. I don't care what the goal is; to me the means will never justify the ends.


How about we track charter boat captains too? Surely there's some kind of law enforcement issues or enviromental impact data that can be harvested from this.

I mean....what charter captain would ever use his boat for personal pleasure fishing, or a family cruise right?

I'm all for stopping poaching using EVERY LEGAL MEANS POSSIBLE, with the emphasis on LEGAL. Don't like the laws? Lobby your elected representatives in the general assembly to change them.

Anyway, I'm curious if this is just some political hardball being played, or whether some laws were actually broken. I won't condemn the DNR yet, but I'll be watching closely.

[reds]

Originally Posted by Skip

Scott Todd should run the names of convicted poachers through the Md court system search.

He'll find more then a few who have convictions for drug use and thief.

Got to question why any one would be against a simple GPS tracker if they are not doing any thing wrong.

Also have to question who is buying the stolen fish / oysters from poachers.

The more DNR can do to stop poaching - more fish / oysters there will be for everyone.

The more poachers steal - less there is for everyone.

He'll find more then a few who have convictions for drug use and thief.

Running names thru the court system can bring up many surprises.

Got to question why any one would be against a simple GPS tracker if they are not doing any thing wrong.

If you have never defended the US Constitution, I'm sure it is easy to give someone's freedom away.Try convincing the dead war veterans who took the oath and then died defending it.