الرافدین للحقوق (Mar 2024)

Using GPS technology to track the geographical location of the accused

  • Abbas Saeed

DOI
https://doi.org/10.33899/arlj.2024.145631.1303
Journal volume & issue
Vol. 25, no. 86
pp. 240 – 268

Abstract

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GPS technology, a cornerstone of modern advancements, is increasingly harnessed by criminal justice agencies to investigate and apprehend criminals, countering the evolving technical strategies employed by offenders. However, the utilization of this technology raises pivotal questions regarding its legality and the admissibility of the evidence it yields in criminal proceedings. Our comprehensive study concludes that, when subject to both legal and technical parameters, GPS technology can be judiciously employed, rendering the derived evidence legitimate, acceptable, and possessing a measure of probative value, subject to the judge's discretion given its nature as scientific evidence. Our study underscores the imperative for strict adherence to legal and technical controls when deploying GPS technology in criminal investigations. These controls serve to legitimize its application, ensuring that it aligns with established legal frameworks and ethical considerations. In light of our findings, we recommend a conscientious integration of GPS technology in the investigative efforts of judicial police officers. This integration should be guided by meticulous adherence to the detailed provisions within the Code of Criminal Procedure, underscoring the necessity for a balanced approach that upholds legal standards while leveraging the advantages offered by this technological tool in the pursuit of justice.

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