Bail and GPS Monitoring

Court Says GPS Surveillance Requires Warrant

A Washington appeals court today struck down a man’s conviction and life sentence in a drug case on the grounds the police unlawfully tracked his movement with a GPS device that had been installed without a warrant on his vehicle.

The unanimous three-judge ruling in the U.S. Court of Appeals for the D.C. Circuit said that law enforcement officers must obtain a warrant to use GPS tracking equipment. The appeals court said the government violated the Fourth Amendment and reversed the conviction of the defendant, Antoine Jones, former co-owner of a night club in Washington.

“We’re gratified that a unanimous D.C. Circuit agreed that protecting civil liberties requires that the technology of the 21st Century be evaluated on its own terms, and not as if it were still the technology of past decades,” said Arthur Spitzer, legal director of the American Civil Liberties Union National Capital Area, which participated as a friend-of-the-court. “That principle needs to be applied in many other contexts as well.”

Read more…


Electronic Monitoring, House Arrest or Home Detention – as an Alternative Sentencing Program

House arrest, electronic monitoring, or home detention are types of alternative sentencing that limit and/or monitor the defendant’s mobility.
How it works: 

The participant is fitted with an electronic device or ankle bracelet upon approval from the court. This ankle bracelet monitors the where-about’s of the participant at all times.
The participant may attend necessary functions, such as, work, school, church, and other activities approved by the program’s administrator, depending on the court’s ruling.
Electronic monitoring may be court-issued or the defendant may have to apply for it independent of the court with the help of an attorney.
We set up guidelines according to the courts Minute Orders, such as inclusion zones for house arrest, or exclusion zones for sex offenders or defendants accused of stalking.
Monitoring is based on taking a physical location check every 5 minutes, 24hrs per day.
In the event of a violation, law enforcement, the court, and or responsible persons are notified immediately.
How can defendants get approved for an Alternative Sentencing Program?
Depending on the seriousness of the allegations and the defendant’s strong ties to his community, the defendant may be eligible for our program.
Taking advantage of an Alternative Sentencing Program via GPS monitoring, defendants are able to work, better able to afford the cost of a vigorous defense, spend time with their family, etc.

  • Lower Bail with the added security of a house arrest device
  • Release Defendants on OR with GPS monitoring
  • Alternative Sentencing with house arrest to reduce overcrowding in jails
  • Enforce restraining orders with the use of GPS monitoring devices
  • Monitor sex offenders – set up exclusion zones
  • Keep kids in school with our truancy program

Activity Reports for court hearings

In order to demonstrate to the court that your
client has been in compliance with all orders of the court, we are able to provide empirical evidence by producing activity reports to further mitigate your case.

Complete Client Management Program

  • Accountably that technology can provide
  • Deploying of leading edge technology that makes all other monitoring programs obsolete
  • Court Reports of clients where-about’s

Customized Tracking Reports

  • Alarm Notes Detail
  • Court 2 with Detail
  • Offender Event History
  • Offense Tracking Type
  • Tracker Actions

We generally run a Court 2 report , which shows the where-about’s of defendants for a given date/time frame. This report shows you where the defendant was every 5 minutes of the day.
We will provide as a service by providing the same report as mentioned above with details.
Detailed reports would show any correspondence between the monitoring center and the assigned officer as well. Report would also support compliance and lack of any violations


Murder victim’s dad urges GPS tracking bill

By FREESIA SINGNGAM
STAFF WRITER

HARTFORD — Students from the University of Hartford, family members and several others spent a cold Valentine’s Day morning on the steps of the state Capitol building to remember Tiana Notice, who was brutally murdered in front of her Plainville apartment a year ago. The group was also there to send a clear message — more action is needed to prevent women like Tiana from being attacked or killed by those who are supposed to love them.

Attendees including Attorney General Richard Blumenthal, Speaker of the House Chris Donovan, representatives from the Connecticut Coalition Against Domestic Violence and the Tiana Angelique Notice Foundation, supported GPS tracking of domestic violence offenders.

Tiana Notice, 25, was stabbed outside her apartment and later died Feb. 14, 2009. In a 911 call to police, she said her ex-boyfriend had stabbed her.

At the time, she had a restraining order against her ex-boyfriend, James Carter II, and she had just spoken to police earlier that day because of alleged harassing e-mails from him. Carter is charged with murder and has plead not guilty.Carter is due back in New Britain Superior Court Feb. 25. He is being held on a $3 million bond for charges of murder, first-degree criminal trespassing and violating a restraining order. Carter will also appear in court for two other cases in which he is charged with violating a restraining order, second-degree harassment and interfering with an officer.

Tiana’s father, Alvin Notice, said his daughter’s death could have been prevented if Carter was tracked by a GPS monitoring system. He started to cry as he spoke to the crowd outside the Capitol Sunday.

“Tiana had an active restraining order throughout the time of her murder,” Alvin Notice said. He said a GPS tracking system would allow victims of domestic violence to know where the offenders are, and if they get close, the victims can find refuge.

“There’s no reason why we should be locking away the victims,” he said.

Alvin Notice, who is a co-founder of the Tiana Angelique Notice Foundation to prevent domestic violence and promote the GPS monitoring system, said he’s not speaking against battered women’s shelters — he just wants more done.

“I want Connecticut to be a place where a domestic violence offender would say, ‘I don’t want to be in this state,’” he said.

Blumenthal said the GPS monitoring system is already used for offenders of nonviolent crimes and called the proposed legislation for monitoring domestic violence offenders “an opportunity to use the same technology to save lives.”

Diane Rosenfeld, a lecturer on law at Harvard Law School, said Massachusetts passed a GPS monitoring law in 2006, and since then there have been no violations from offenders wearing the tracking systems.

“Stop the question, ‘Why doesn’t she leave,’” Rosenfeld said. “She’s living in a jail. It’s Valentine’s Day and we should be celebrating love, and love shouldn’t hurt, like that sign says,” she added, pointing to one of the signs in the crowd.

State Rep. Kenneth Green, D-Hartford, said he doesn’t put a cost on the GPS monitoring system if it saves lives.

“We must stand up and do all that we can regardless of cost,” he said.

Harald Sandstrom, an associate professor of politics and government at the University of Hartford, taught Tiana and said she founded the university’s chapter of the Roosevelt Institute, a public policy think tank. At the time of her death, she was a graduate student there, pursuing a master’s in communications.

Many of the students and others carried signs that read “Love shouldn’t hurt” and “Domestic violence is a public issue not a social issue” and several speeches.

Nicole Suissa, president of the university’s Roosevelt Institute chapter, said she never met Tiana, but after reading about her and talking to those who know her, she saw a lot of herself in her.

Suissa, a sophomore politics and government major at the University of Hartford, said she and Tiana had a lot of the same ambitions. She also told a story of how her mother got out of an abusive relationship.

On behalf of the chapter that Tiana founded, Suissa said the Roosevelt Institute supports this bill for GPS monitoring.

Tiana’s sister, Natasha Smith, who is also a co-founder of the Tiana Angelique Notice Foundation, said Tiana would have wanted this bill to pass and would have been proud to see everyone gathered for the rally.

“Tiana had the same passion,” Smith said, referring to their involvement in civic engagement. She said this bill isn’t just for Tiana but for all women and children.

Freesia Singngam can be reached at fsingngam@centralctcommunications.com or 860-584-0501, ext. 7259.



A fraudster billionaire faces low bail

In what should come as a shock to no one, accused swindler Allen Stanford pleaded not guilty to fraud charges in Texas yesterday. The U.S. Magistrate judge who decided Stanford’s fate determined that a $100,000 cash deposit and a plan to pay $500,000 was enough for bail (although some outlets are reporting $2 million as the bail).

So Stanford was set to walk free last night — that is, until the government stepped in. Judge Frances Stacy then stayed the issuance of Stanford’s bond because the government feels that the oh-so honest businessman is a flight risk. It appears that a decision will come later today, as the judge put her order releasing Stanford on hold until 4:30 p.m.

Looking at the bail, the initial $100,000 cash deposit came with a stipulation — that the money come from Stanford’s inner circle. “He’ll be very motivated not to flee if he raises the money from friends and relatives,” Judge Stacy said. The judge also required him to get three co-signers on his bond, his father and “two wealthy family friends.” After bail is posted, Stanford must wear a GPS-monitoring device and will be released to the custody of his girlfriend.

At the trial, it was alleged that Stanford controlled a Swiss bank account, from which he withdrew nearly $100 million in the past year. And it’s come to light that pro golfer Vijay Singh had offered to sign for part of Stanford’s bail, but was denied because Singh, a citizen of Fiji and not the U.S., would have been on the hook if Stanford had fled.

Singh signed an endorsement deal with Stanford in January and has sported the Stanford logo on his clothing, even though he was receiving no further payment from the company. Singh’s management company, IMG, stated: “Vijay’s opinion is that Stanford has yet to be proven guilty and until then has chosen to act supportively.”

So Stanford can post bail as long as he wears a monitoring device, and shacks up with his girlfriend. I’m sure their apartment won’t resemble the Spartan digs many of us are used to — it will probably be closer in line to Bernie Madoff’s lavish digs, where he suffered through his own wrist-slap house arrest at the end of 2008.

Like Madoff, Stanford swindled clients out of billions of dollars, and his punishment is a drop in the bucket. If he does get hard time, he’ll likely serve it at a minimum-security prison. If Stanford is guilty, the punishment must fit the crime. There’s quite a lot of money at stake, and peoples’ homes. This crime isn’t a trifling matter. Yet it seems likely to be treated as such, given his low bail.

At least the government has decided to oppose the terms of the bail. So there’s still a chance that Stanford could be facing real punishment. But don’t hold your breath waiting for it.

_______________________________________________________________________________________________________

By Mark Fightmaster
Financial Writer

Mark Fightmaster was drawn into the world of financial writing after a brief teaching career, and is currently a blogger for DailyFinance and BloggingStocks and a freelance financial analyst. Mark is truly in his element when examining the business of sports, but also enjoys tackling consumer concerns and breaking news.

Read More


Must wear a GPS monitoring device

Lisa Ricardo, 38, of Raynham must wear a GPS monitoring device, surrender her passport, and not leave Massachusetts, attorney Raymond O’Hara said. Judge Vito A. Virzi also required she remain at home except to work, attend church, visit an attorney or doctor, or go shopping.

Read full article from the source


Release from jail comes with conditions

[February 17, 2010]  

 

Mankato man arrested in child porn sting: Release from jail comes with conditions

 

MANKATO, Feb 17, 2010 (The Free Press – McClatchy-Tribune Information Services via COMTEX) — An Internet investigation that allegedly found dozens of pictures showing pre- teen children involved in sexual acts has resulted in the arrest of a 19year- old Mankato man.

Zen Loren Albrecht was arrested at his mobile home in the 1000 block of Belle Avenue Friday after he gave investigators permission to search his computer. He appeared Tuesday in Blue Earth County District Court, where he learned he is facing 20 felony charges for collecting and disseminating child pornography.

Investigators had already searched another house in Mankato, owned by an Albrecht relative, and a house in Le Hillier, owned by another relative, before learning Zen Albrecht had moved to the High Ciara mobile home court in January. Zen Albrecht had been living with both relatives before he moved.

The investigation started in September after a Minneapolis police officer, who works closely with the Internet Crimes Against Children Task Force, used special software to find the child pornography. He initially found a total of about 80 child pornography files, including pictures and at least one video, according to court records.

The titles of the files, shared through a peer- topeer networking system, included graphic descriptions of children in sexual situations.

With help from Charter Communications, the officer learned about 25 of the files were being stored on a computer at a Mankato residence and about 55 files were being stored on a computer in Le Hillier.

Charter Internet billing information led the task force investigator, as well as detectives from the Mankato Police Department and Blue Earth County Sheriff’s Department, to the houses owned by Albrecht’s relatives. Both houses were searched Friday.

A computer was confiscated from a house on Olive Street in Le Hillier. When the detectives searched a house on Pleasant Street, however, they were told Albrecht had taken the computer to his mobile home.

An agent from the Minnesota Bureau of Criminal Apprehension also participated in the search. He was able to use a device to do preliminary searches on the computers, which allegedly showed they contained files that had been identified in previous investigations as child pornography.

Investigators were later told there were more than 100 pictures and more than 60 videos containing child pornography stored on the computers.

During his bail hearing Tuesday, Albrecht told Judge Kurt Johnson his only source of income was working as a substitute for someone who delivers newspapers.

Chris Rovney, assistant Blue Earth County attorney, requested that Albrecht be ordered to stay away from children and schools if he is released from jail. Johnson set Albrecht’s bail at $25,000 with those restrictions, as well as a requirements for GPS monitoring and no computer access, as conditions.

” The defendant is inimical to public safety and any release without those conditions would concern me,” Rovney said.


Ricardo out on bail

Posted Feb 17, 2010 @ 06:06 PM
SHREWSBURY —

            The Raynham woman who allegedly attempted to help her brother clean up his Deerfield Road home after authorities say he murdered his wife was released on $20,000 cash bail last Wednesday.

            Westborough District Court Judge Vito Virzi set bail for Lisa Ricardo, 38, at $20,000 during her arraignment last week. Virzi set several other conditions for Ricardo’s release, including remaining under house arrest, staying in Massachusetts, surrendering her passport and wearing a GPS monitoring device. Ricardo’s husband posted her bail, according to Westborough District Court records.

            Ricardo was arrested Feb. 5 and is charged with being an accessory to murder after the fact and two counts of reckless endangerment of a child. Her brother, Keith Rosiello, 44, was arrested Feb. 4 and charged with the murder of Maureen Rosiello, 44.

            Assistant District Attorney Anthony Marotta said during Ricardo’s arraignment she arrived at the Rosiellos’ home at 32 Deerfield Road on Feb. 3 and was present for some parts of an argument between the Rosiellos that resulted in Maureen Rosiello being injured. 

            Ricardo allegedly told police her brother attempted to force his wife into the bathroom against her will and later obstructed her airway in an effort to control her before returning her to the couch.

            Her brother, she said, later approached her and said Maureen Rosiello “did not look good.”

            Ricardo and Rosiello attempted four cycles of CPR to resuscitate her while monitoring her vital signs with a pulse oximeter, a device that measures the oxygen saturation of a patient’s blood. Both brother and sister work in a medical-device industry.

            Ricardo also told police she and her brother cleared the victim’s airway of vomit and moved her back to the couch after they discovered a pulse. The two reportedly planned to stay awake throughout the night to monitor her condition, but Ricardo said they both fell asleep.

            At 6 a.m. Ricardo said her brother woke her up and told her Maureen Rosiello was dead. 

            Neither Ricardo nor Rosiello called police until six hours after the victim’s death. The couple’s two children, ages 6 and 12, were at the home the night of the attack and Ricardo allegedly took the children to her home in Raynham. Virzi ordered her to stay away from the two children.

            Marotta also said Ricardo helped her brother board up the windows and wash down the walls of the home before she left Feb. 5 at 12:15 p.m. Rosiello called police at about 12:45 p.m. to say he had been in a fight with his wife and she was not breathing.

            Ricardo, who was being held at MCI-Framingham, is due back in Westborough District Court Feb. 22 for a pre-trial hearing. Keith Rosiello is due back in court the same day.


GPS tracking possible in protective-order cases

TMZ reports that Nancy Kerrigan’s brother Mark Kerrigan, will be allowed to live with his mother once he posts bails.

Mark Kerrigan is currently facing charges for assaulting his father, which ultimately ended in the death of 70-year-old Daniel Kerrigan. Although the D.A. objected , according to TMZ, the judge changed the terms of Kerrigan’s bail which goes as follows: Kerrigan must post a $10,000 bail in order to move back in with his mother.

“We’re told if Mark posts bail, he’ll have to wear a GPS monitoring bracelet and he can only leave the house for limited purposes. Mark will also have to stay sober, and submit to random drug and alcohol testing.” As of right now, no other details have been released regarding this case.

http://www.honeymag.com/2010/uncategorized/nancy-kerrigans-brother-mark-must-post-10000-bail/


Judge denies bail reduction of Salinas teen accused in fatal New Year’s Eve crash

A Monterey County judge Thursday denied a request to reduce the bail of a Salinas teenager accused of driving drunk in a fatal crash early New Year’s Day.

Judge Timothy Roberts kept Alexander Gordon Winn’s bail at $100,000. Roberts had indicated in a previous hearing that he would consider reducing bail to $60,000 if GPS monitoring is obtained for Winn.

At Thursday’s hearing, the judge told Winn’s lawyer, Jim Dozier, that he did not think the monitoring system was sufficiently secured.

“You’re not telling me it’s lined up … ready to go,” Roberts said. “At this point, the court is going to deny the motion.”

Winn has pleaded not guilty to charges of vehicular manslaughter while driving under the influence and driving under the influence causing bodily injury.

The incident

He was arrested soon after the 2002 Chevrolet Silverado he was driving crashed into an uphill embankment at 2:25 a.m. New Year’s Day. The crash occurred on Corral de Tierra Road just west of Underwood Road near Salinas.

Adam E. Arias, an 18-year-old Salinas High School alumnus who was riding in the truck, died at the scene. Janelle Powers, 18, another passenger, received a bruise on her forehead.

A preliminary hearing is scheduled for Feb. 5, where a judge will decide whether there is enough evidence for the case to go to trial.

http://www.thecalifornian.com/article/20100129/NEWS01/1290333/Judge-denies-bail-reduction-of-Salinas-teen-accused-in-fatal-New-Year%5C-s-Eve-crash


GPS Tracking for Domestic Violence Offenders?

An interesting article in the New York Times, available here, talks about the increasing use of GPS tracking in domestic violence cases, either as a condition of pretrial release or as part of a probationary sentence.  The story indicates that twelve states have passed legislation designed to enable the use of GPS in such cases.  As far as I know, North Carolina’s not one of them.  I did a quick search of proposed legislation last night, and it doesn’t appear that we are set to jump on the bandwagon this year, either.

I wonder, though, whether specific legislation is really necessary.  Under G.S. 15A-534, a judicial official may impose “restrictions on the travel, associations [and] conduct . . . of the defendant” as conditions of pretrial release.  And under G.S. 15A-1343(b1)(10), a judge may impose, as a condition of probation, “any . . . conditions determined by the court to be reasonably related to [the defendant's] rehabilitation.”  Perhaps those provisions are broad enough to encompass, for example, a ban on contact with the victim, enforced by the use of GPS monitoring.

In fact, it looks like GPS monitoring is regularly imposed by federal courts as a condition of pretrial release, even though the federal pretrial release staute, 18 U.S.C. § 3142, doesn’t mention GPS.  Instead, it contains general language similar to that found in G.S. 15A-534, including a provision that the court may require the defendant to “abide by specified restrictions on personal associations, place of abode, or travel,” or require the defendant to “satisfy any other condition that is reasonably necessary.”

I’d love to know if GPS has been used as a condition of release here, and if so, in what kinds of cases.  I’d also be interested to know whether it’s been used as part of a sentence, outside the sex offender context.  Domestic violence cases are a logical application for the technology, but not the only one: a defendant who repeatedly trespasses on a particular public housing project, for example, might be sentenced to probation with GPS monitoring to ensure that he doesn’t reoffend.  Please post a comment if you know of any cases in which GPS has been used, or, of course, if you have an opinion about its use.

The idea does raise a couple of interesting issues.  One, given the budget crunch facing the state and most localities, GPS could be a significant money saver, since it might allow more defendants to be released on bond or to be sentenced to probation while still preserving community safety.  Apparently, the jurisdictions that use it normally pass the costs of monitoring — eight or nine dollars per day seems to be the range — on to the defendant, making it even more of a bargain.  But two, do we have the institutional capacity to use GPS, either pretrial or as a condition of probation?  The federal courts have pretrial services offices that apparently have the ability to administer GPS monitoring imposed as a condition of pretrial release.  Who would serve that role here?  And can probation do it, for convicted defendants?  Others will know more about this than I do, and I encourage you to contribute to the discussion.

Source of GPS Tracking for Domestic Violence Offenders?


  •  

    September 2010
    M T W T F S S
    « Aug    
     12345
    6789101112
    13141516171819
    20212223242526
    27282930  
  • Categories

  • Archives

  • Copyright © 2009 GPS Monitoring Solutions
    iDream theme by Templates Next | Powered by WordPress
    Partly powered by CleverPlugins.com