DOJ Asks SCOTUS to Review Police GPS Tracking Case
April 18, 2011
The Justice Department has asked the U.S. Supreme Court to consider whether the use of GPS tracking devices on suspect vehicles without a warrant is allowed under the Fourth Amendment.
The DOJ, in a 121-page brief filed on Friday, argued a D.C. appellate court got it wrong when it upheld a lower court's decision to overturn the conviction of Antoine Jones for running a drug ring in D.C.
Federal agents had attached a GPS tracking device to Jones' vehicle, and used its movements as key evidence in the case. In the brief, the DOJ argues agents attained a warrant good for 10 days, and installed the tracker on the 11th day.
Read the full story at WashingtonTimes.com.
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Miguel @ 4/18/2011 12:44 PM
Sounds like a 'no-brainer' to me...and that the lower courts got it 'right', since the criminal did not consent to a search and absent consent no warrant was in effect to allow the search. The 'end'; ie, the conviction, does not justify the means under which the intelligence was gathered...IMHO.
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