Arlington County Circuit Judge Joanne Alper ruled that there was no 4th amendment violation when, without a warrant, police attached a GPS tracking device to a suspect’s van and followed his travels around the community.
According to the Arlington Connection, the judge will allow the GPS tracking data as evidence against a man charged in a series of sexual assaults in Fairfax County.
Defense lawyer Chris Leibig argued that the police violated the defendant’s rights against illegal search and seizure when they placed the GPS device on his van without a warrant and without any predetermined limitations on what type of information they were looking for.
Judge Alper said, however, “The defendant has failed to show that there has been any actual invasion of his privacy.”
A jury trial is scheduled this fall.
By Peter Vieth