HOUSTON, Texaqs (KTRK) — Two Houston Police Department officers have been relieved of duty as internal affairs investigators look into allegations that an unauthorized tracking device was secretly placed on a suspect’s vehicle without a warrant, according to sources.
The situation reportedly came to light after the suspect, who was already under investigation, recorded video capturing an individual placing a tracker on his car. Sources told ABC13 that the device was purchased online and was not issued by the department.
HPD confirms that two officers have been removed from active duty. Although they are not currently working, they remain on paid status. The officers have not been charged with a crime, and ABC13 is not identifying them at this time.
One of the officers is an 18-year HPD veteran and sergeant assigned to the Major Offenders Division. The other is a nine-year officer assigned to the Gang Division.
Police officers are allowed to use tracking devices as part of investigations, but only under strict guidelines. This device, sources say, was not approved or issued by HPD, making its use a violation of department policy.
Defense attorney Joe Vinas, former president of the Harris County Criminal Lawyers Association, says officers typically obtain a warrant before placing any tracking device on a vehicle.
“It’s just like going into their house without a warrant or tapping their phone without a warrant,” Vinas said. “The Fourth Amendment tells us we have an expectation of privacy in our homes, on our phones, and computers and so for the police to do something like this, typically, they need a warrant that they have a neutral magistrate sign off on saying they have cause to do a search, which is essentially what this is.”
Being “relieved of duty” means the officers have been required to surrender their badges and identification and no longer have access to police databases. Internal Affairs is now leading the investigation.
Under state law, a person generally must have a court order or be acting within the scope of a legitimate police investigation to legally install a tracking device on another person’s vehicle, Vinas said. Whether the officers’ actions constitute a criminal offense is among the questions investigators are examining.
Regardless of potential criminality, sources told ABC13 that the alleged conduct is a clear violation of HPD policy.
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