In its March 15 decision, the Grand Bench came close to saying there was no room in the current Code of Criminal Procedure for GPS tracking even with a warrant, and called for new legislation to address the issue. After talking with her client, Kameishi's team decided to file a Supreme Court appeal. Subsequently, the Osaka High Court did not stake out a clear position on the issue. Regulations are needed," the defense team insisted.Īt the defendant's first trial, the Osaka District Court ruled that the GPS data collection constituted a "mandatory investigation" requiring a court warrant, and that the Osaka Prefectural Police's failure to get one made their investigation illegal.
Furthermore, there are no rules on how investigators can use the tracking records.
"If the police use GPS, they can conduct regular surveillance while completely ignoring privacy rights. What's more, the police had been tracking her client's friends, even those who had no connection to the theft case. When Kameishi queried the firm that rented the GPS trackers in her client's case to the police, the company handed over data showing investigators had checked the devices' locations repeatedly. She also ordered a GPS tracker and attached it to a car to see how the system actually worked. She formed a six-member litigation team, all junior attorneys with two to four years of experience, just like herself. Kameishi quickly sensed that this tracking could be a far larger issue than just her client's case, suspecting that it may be a frightening abuse of police powers. However, the reality is that it made it very difficult for lawyers and courts to examine the use of GPS, leading to more than 10 years of illegal GPS tracking by police. The NPA claims the secrecy was necessary to prevent those attempting to commit a crime from sabotaging investigative measures. That there was no mention of GPS tracking in the investigation report was in line with National Police Agency (NPA) guidelines on the technology issued in 2006, advising police forces to keep the tracking secret from suspects and avoid any reference to GPS in investigation documents. After she pointed out the possible use of GPS to the prosecutors' office, the office checked with the Osaka Prefectural Police and confirmed that GPS trackers had been attached to no less than 19 cars and motorcycles over the course of the investigation. The investigation report released by the Osaka District Public Prosecutors Office made no mention of GPS. Can they go that far?" At first, Kameishi doubted her ears. He told the attorney, "The police attached a GPS device to my car. Kameishi took on the defendant's case in late 2013, after he had been indicted for theft. "The decision is fundamentally in line with the Constitution and the Code of Criminal Procedure," she stated.
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