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Hamlett v. State

The State's installation and monitoring of a GPS tracking device on the defendant's vehicle without his knowledge or consent constituted an invasion of his privacy under the Fourth Amendment that had to be authorized by a valid search warrant supported by probable cause.

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Following a joint trial, a Fulton County jury found Salim Hamlett and his brother, Jalim Hamlett, guilty of burglary, OCGA § 16-7-1 b, and possession of tools for the commission of a crime, OCGA § 16-7-20 a. The jury also found Jalim Hamlett guilty of two misdemeanor traffic offenses: improper tag display, OCGA § 40-2-41, and failure to have operational brake lights, OCGA § 40-8-25 a, b. The trial court denied their motions for new trial, and the Hamletts have appealed. Because both cases arise from the same facts and involve a joint trial and motion hearings, we have consolidated them.

The appellants contend that the trial court erred in denying their joint motion to suppress evidence for two reasons. First, Jalim Hamlett argues that the State improperly seized the evidence following the illegal placement of a Global Positioning System “GPS” tracking device on his truck and the traffic stop that resulted therefrom.1 Second, both appellants argue that the court should have suppressed the evidence on the basis that their three to four hour custodial detentions following the traffic stop were illegal.

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