Drug convictions overturned on GPS search issue - FOX13 News, WHBQ FOX 13

Drug convictions overturned on GPS search issue

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PHOENIX (AP) - An Arizona appeals court has overturned a man's drug convictions, ruling that a warrant was needed to track a man's whereabouts by using a GPS device secretly placed on a borrowed car.

A search of the borrowed car occurred as Thomas Keller Mitchell was a target of a 2010 drug investigation in Yavapai County.

The U.S. Supreme Court in 2012 struck down law enforcement's warrantless use of GPS tracking in investigations, and Mitchell objected to use of evidence from the search that turned up methamphetamine and marijuana.

However, the trial judge allowed it and Mitchell was convicted.

The Court of Appeals ruled Monday that the warrantless installation and use of the GPS device on the borrowed car to monitor Mitchell's movements was an unlawful search under the Constitution's Fourth Amendment.

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