The U.S. Court of Appeals for the Third Circuit has granted rehearing en banc in a case decided two months ago establishing that police need a warrant before attaching a GPS tracker to a suspect’s vehicle.
Prosecutors sought appeal on the issue of whether the police officers had shown objective good faith in their actions, which would allow the evidence they gathered through the GPS tracking to survive. The case involved three brothers who allegedly burglarized area Rite Aid pharmacies and the split three-judge panel of the Third Circuit that issued an opinion in October ultimately agreed with the district court to suppress the evidence gathered through the warrantless GPS device.
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