I agree with pml that GPS could be subject to manipulation. But the comment about "who is more believable" made me laugh. I've seen so many cops lie, where the lies were just obvious and hammered on cross, and judges believe them anyway (or pretend to believe them).
Had a hearing not too long ago where the cop stopped my client at 3 am and arrested him for DWI at 3:04 am. In that four minute span he did the HGN test (including vertical gaze), one-leg-stand, walk-and-turn, alco-sensor (the field breath test - he had to go back to his police car to get it), and plus there were a couple conversations in there.
All in 4 minutes. I haven't had a case yet where the arrest was done in less than 10 minutes and most take 15 minutes or more.
Suppression denied. ?? We'll see how that one holds up on appeal.
2 comments:
There are too many things that cause a GPS to be off. Plus a person can change the downloaded data, its not hard to do.
The GPS like any peice of evidence will be a matter of who is more beleivable.
I agree with pml that GPS could be subject to manipulation. But the comment about "who is more believable" made me laugh. I've seen so many cops lie, where the lies were just obvious and hammered on cross, and judges believe them anyway (or pretend to believe them).
Had a hearing not too long ago where the cop stopped my client at 3 am and arrested him for DWI at 3:04 am. In that four minute span he did the HGN test (including vertical gaze), one-leg-stand, walk-and-turn, alco-sensor (the field breath test - he had to go back to his police car to get it), and plus there were a couple conversations in there.
All in 4 minutes. I haven't had a case yet where the arrest was done in less than 10 minutes and most take 15 minutes or more.
Suppression denied. ?? We'll see how that one holds up on appeal.
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