SD High Court Says Warrant Needed For GPS Tracking
by Associated Press
March 15, 2012 10:20 AM
The South Dakota Supreme Court has joined the nation's highest court in requiring police to get a warrant from a judge before using GPS technology to track a suspect.
The state Supreme Court's unanimous ruling Thursday overturns a South Dakota man's convictions for possessing marijuana and intending to distribute it.
Aberdeen police attached a GPS tracking device to Elmer Wayne Zahn's vehicle and determined he often visited storage units. They then got a search warrant and found marijuana in one of the storage units.
The high court says the use of the GPS tracking device without a warrant violated Zahn's constitutional protection against unreasonable search and seizure. The South Dakota justices say that means evidence seized from the storage unit cannot be used against Zahn.