경찰 도주차량 추격용 GPS 위치추적기 사용기준에 관한 연구

Abstract

Recently, the Korean National Police Agency in conjunction with Ministry of Science and ICT has initiated a research and development project on attachable GPS tagging systems that allow its officers to tag, track, and arrest fleeing suspects by reducing the necessity to engage in a hazardous high-speed pursuit. The new systems that launch a GPS bullet at a fleeing or about to flee vehicle collect the location information of the vehicle without a search warrant until police officers successfully track and stop the vehicle. There is no denial that police use of GPS tracking technology during the conventional investigation process requires a warrant issued by courts. As police officers who use GPS tracking devices during high-speed chases have only a limited ability to write a warrant, the legal limits of the police GPS tracking systems must be carefully established. Furthermore, the research and development project also needs to consider safety rules as the GPS device may cause bodily harms to suspects, bystanders as wells as pursuing police officers. In this regard, the present study attempted to establish police manuals of GPS tracking systems during high-speed pursuit situations within the context of the Fourth Amendment by analyzing StarChase guidelines of the 14 police departments in the United States. Upon analysis, the current study proposed that in order to apply the GPS device in the field police officers must have the equivalent of probable cause of committing a crime. In case of misdemeanor, use of the GPS device must be restricted unless the fleeing suspect vehicle endangers police officers and other citizens, an arrest warrant is issued for the suspect, and the crime that leads to police pursuit is a felon of minimum sentence of three years in prison. With respect to safety considerations, the current study discussed the safe approachability to a fleeing vehicle within targeting range, weather conditions, and suspect vehicle weaving. Finally, the present study proposed a training requirement that police officers must complete before applying the GPS tracking device.