Fed. Judge Rules DEA Warrantless GPS Device Invalid
The exclusionary rule is alive in Kentucky. A federal judge in Kentucky is the latest to rule the DEA cannot place a GPS device on a suspect's vehicle without a warrant. It ordered all evidence suppressed that resulted from the stop of the defendant's vehicle, including the seizure of 150 pounds of marijuana.
In this case, the DEA agents had their fishing poles out to catch Lee,” U.S. District Judge Amul R. Thapar wrote. “Admittedly, the agents did not intend to break the law. But, they installed a GPS device on Lee's car without a warrant in the hope that something might turn up.”
The judge also found that "good faith" doesn't save the DEA's action. There was no evidence apart from the search to support the charges. The defendant, who was facing a 20 year mandatory minimum due to his prior record, should be released from custody. (The feds say they will review the decision and decide whether to appeal.)
The 19 page decision is a good one. I've uploaded it here.
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