What is the required legal standard for using a mobile tracking device?

The required legal standard for using a mobile tracking device is probable cause. This standard means that law enforcement must have a reasonable belief, based on factual evidence, that a crime has been committed or will be committed before they can attach a tracking device to a vehicle. The concept of probable cause requires more than just a hunch; it necessitates sufficient facts that would lead a reasonable person to believe that the tracking would reveal evidence of criminal activity.

This legal requirement is in place to protect individuals' rights and ensure that intrusive measures like tracking devices are not used without appropriate justification. The need for probable cause strikes a balance between law enforcement efforts to prevent and investigate crime and the privacy rights of individuals.

Other standards, such as preponderance of evidence or clear and convincing evidence, are typically associated with civil cases or certain legal processes but do not apply to the law enforcement context of using tracking devices. Reasonable suspicion, while a lower standard, is not sufficient for the use of a tracking device, as it does not provide the concrete basis required to intrude into a person’s privacy in such a significant way.