6 years sought for man caught by police using GPS without warrant

The defense called on the Tokyo District Court not to adopt evidence from the GPS investigations, while the prosecutors claimed that their illegality was “not significant” as the GPS use was essential in the investigation and it did not greatly interfere with the defendant’s privacy.

Never heard so much BS in my life. The prosecutors here KNOW for a fact that without the GPS data they would never have caught the guy in the first place.

Whether or not the guy is guilty, the case should be tossed for evidence gained illegally.

Not that what he did was not bad enough but it got him a longer punishment than attempted murder and mutilation.

More years than rape. This country has odd priorities.

Like in all countries legal technicalities are strictly the preserve of the powerful and their henchmen (ie., the police) in order to uphold impunity in the universal two-tier system of justice that prevails in human affairs.

Car theft, drug possession and use with illegally gained evidence = 6 years jail

Gang rape, medical student, bigwig grandad = two years suspended

Same as it ever was.

Readers, comparing sentences for different crimes is not relevant to this discussion.

It's not rewarding criminality to throw this case out.

We're setting a dangerous precedent otherwise.

We're setting a dangerous precedent otherwise.

Dangerous precedent to throw the case out? So the cops can do whatever they want to get their perp, without having to follow the law themselves?

I see you agree with a "police state".

Evidence is evidence. Fine the cops for the act. Or even arrest with court. Then use it anyway. Put the cops on a plane to Tahiti and then drag them off.

Yoda voice

Disaster, Japan's criminal justice system is.

Yubaru read that comment again.

Agreeing with Dre Hund above. The two cases are separate. The perp needs to be put away.

The cops needed a sharp reminder to follow legal procedure, but that's no reason to let this scum slide off the shovel.

The cops needed a sharp reminder to follow legal procedure,

A custodial penalty would be great. Barring that, fire them.

but that's no reason to let this scum slide off the shovel

Guilty until proven innocent?

Those prosecutors again:

prosecutors claimed that their illegality was “not significant”

It was illegality nonetheless. Who polices the police?

as the GPS use was essential in the investigation and

What other illegality will be deemed essential?

it did not greatly interfere with the defendant’s privacy

It did interfere with his privacy. Illegally.

Throw the case out

and this is the exact reason why Japan has a high conviction rate. when the J cops actually have to follow the law to get their conviction, convictions are much more difficult to obtain. Having a legal system that is fair to both the prosecutors and defendants is paramount otherwise you may as well go live in China. Today illegal GPS tracking, tomorrow planted evidence, oops already been done. Imagine you were put in jail for a crime you didnt commit all because the police planted evidence to get a conviction. Then tell yourself illegal investigations are fine as long as it catches the bad guys!?

I really would like someone to explain why it would be so bad if the legislation was changed to allow the use of GPS evidence. Sure, as things stand this case should be thrown out. But if such evidence can rightfully lead to legitimate convictions, surely police should be allowed this new technology in the same way as other scientifically obtained evidence? But I'm open to correction here based on sound reasoning.

I really would like someone to explain why it would be so bad if the legislation was changed to allow the use of GPS evidence.

I believe the issue here was the lack of a warrant rather than the use of any specific technology. The police know they can do some surveillance without a warrant, but they need a warrant for other things like phone tapping. As new technologies emerges it's not immediately clear which side of the line it should fall on.

It also raises alot of questions. Is the violation of privacy due to the GPS device being attached to the vehicle, or is it because his movements are being tracked and recorded? Would they need a warrant to follow his car via drone? Presumably this would raise similar concerns if it's being recorded, but it's hard to see how this differs from following a suspect in a patrol car. No easy answers I guess.

Japan is a civil law jurisdiction not common law like the UK or the US. Precedence really has little to no baring on decisions of the court, compared to common law jurisdictions.

It really is not a medieval Justice system. It's a system based on society position, Company position and the penalties refect that, thus suspended sentence for gang rape and 1 year jail for 10 yen theft. Makes sence if you have a brain injury.

Defending the guilty? You mean, the police and prosecutors who broke the law?

If the GPS was in the car he stole, then I don't see a problem. But if the police put the GPS in the suspects car, I can see an invasion of privacy. GPS in the suspects phone can be called an invasion of privacy, but in a victims phone or a stolen phone, good police work.

This case should be dismissed, full stop, since the evidence has been gain unlawfully it should not be used. and heres my question, can the JP re arrest this guy and charge him again with similar and original offences? under Brtitish law you can only be charged once for the same crime, is this the case in Japan?

under Brtitish law you can only be charged once for the same crime, is this the case in Japan?

yes, Ichiji Fusairi

under Brtitish law you can only be charged once for the same crime

That's no longer the case in the UK. (Since 2005 in England and Wales, 2005 in NI, and and 2011 in Scotland. ) However, I don't think those changes would apply to a case like this.