150 lbs of Marijuana Evidence Ruled Inadmissible Due to Warrantless GPS Tracking
- Posted on May 24, 2012 at 11:05am by
Liz Klimas
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State prosecutors might find it hard to swallow that 150 pounds of marijuana they discovered in a Kentucky man’s vehicle — and the confession they received from him — won’t be allowed as evidence in their case against him for conspiracy to distribute marijuana. Why? They tracked Robert Dale Lee car using a GPS device installed without a warrant.
(Related: Supreme Court rules GPS tracking requires a warrant)
According to the Associated Press, the 49-year-old man’s car was tracked to and from Kentucky into Chicago using GPS as “part of an inter-state drug probe.” Kentucky State Troopers stopped Lee when he crossed state lines for not wearing a seat belt and in a search of the vehicle with a drug-sniffing dog found the large amount of pot.
Just to put the amount of marijuana found into perspective, this photo shows 107 pounds of marijuana found after a May 8 traffic stop in Oregon. (Photo: AP/Oregon State Police)
“In this case, the DEA agents had their fishing poles out to catch Lee,” Judge Amul R. Thapar wrote. “Admittedly, the agents did not intend to break the law. But, they installed a GPS device on Lee’s car without a warrant in the hope that something might turn up.”
According to the AP, Lee confessed after the marijuana was found, which was a “direct result of the traffic stop and search,” according to Thapar.
“Without GPS tracking data, the DEA agents would not have known that Lee traveled to Chicago (his source for drugs), that he was returning to Kentucky along I-75, or his exact position,” Thapur wrote.
Wired reports that this ruling is contradictory to what a few other states have ruled for warrantless GPS cases that were in process before the Supreme Court ruled earlier in 2012 that installation of the devices without a warrant is unconstitutional:
Because three U.S. District courts ruled prior to the Supreme Court decision that the use of GPS trackers without a warrant was lawful, federal judges in those districts — which cover 19 states as well as Guam and the Mariana Islands — have found that law enforcement agents and prosecutors in their regions can use a so-called “good faith exception” to support warrantless GPS surveillance in pending cases where data was gathered prior to the Supreme Court ruling.
Circuit courts in the 7th (covering Illinois, Wisconsin and Indiana), 8th (covering Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) and 9th (covering Alaska, Arizona, California, Guam, Hawaii, Idaho, the Mariana Islands, Montana, Nevada, Oregon and Washington) all ruled prior to the Supreme Court case that warrantless GPS tracking was legal.
Judges in two other GPS cases in California and Hawaii, both in the 9th Circuit where a precedent ruling exists, asserted the same “good faith” exception in March.
The exception comes from a 2011 Supreme Court case, Davis v. United States (.pdf), which allows a good-faith exception for searches that reasonably relied on binding precedents that were later found to be faulty.
No trial date has been set for Lee’s case as of yet.
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Comments (48)
Derfel Cadarn
Posted on May 25, 2012 at 11:14amThe issue here is whether law enforcement has to obey the law? When the law does not apply to some then there is NO law. If the police can do anything they want ,what kind of country would we live in. Expecting the police and prosecuters to play by the rules is only the American way.
Report Post »scruffycat
Posted on May 25, 2012 at 8:35amWow, Oregon bud too. I bet its pretty stinky awesome. Not a bunch of Mexican dirt weed either I bet. I wonder what will happen to all of it now?
Report Post »donaldchar
Posted on May 25, 2012 at 3:01amYup. Instead of dealing with the guilty (those who enjoy destroying lives for a huge profit), punish the innocent (the rest of us). “That’s the law”? That’s truth mixed with hogwash! We the people, on a jury, can render a verdict finding the guilty innocent or the innocent guilty, solely because we believe that the law is wrong. And that’s the truth. Look it up. As our nation’s first Supreme Court Chief Justice, John Jay, pointed out, “The jury has a right to judge both the law as well as the fact in controversy.”
Report Post »glennpatstu
Posted on May 25, 2012 at 2:32pmand how exactly does this seizure of plant matter negatively effect you or I? It was still confiscated and will be destroyed- I am pretty sure that it isn‘t being donated to your kid’s school district
Report Post »cmr396
Posted on May 24, 2012 at 11:31pmstop brekaing the law in order to try and enforce them!
Report Post »sasquatch08
Posted on May 24, 2012 at 11:03pm“won’t be allowed as evidence in their case against him for conspiracy to distribute marijuana. Why? They tracked Robert Dale Lee car using a GPS device installed without a warrant.”
Good! Cops, DEA doesn’t matter. The law is the law and this evidence was obtained ILLEGALLY.
Also this reminds me of a headline from the Onion 10 years back or so. It was in huge letters and said “DRUGS WIN WAR ON DRUGS”.
Personally, I used some drugs when I was younger. I don’t recommend that people follow in my footsteps, but we waste hundreds of billions of dollars a year on the War on Drugs, prosecution and incarceration of non-violent offenders who become violent while incarcerated and are much more of a threat to society once released than they were before they went in.
Department of Corrections: the ultimate oxymoron.
Report Post »eramthgin
Posted on May 24, 2012 at 10:42pmha ha ha I support the police but grass should not be illegal. What a waste of time and money.
Report Post »donaldchar
Posted on May 25, 2012 at 3:16amPlease rethink your position, unless you’re high on pot as you write. You see a whole family dead after being hit head-on by a pothead and you want this legalized? If your conscience is so dead, may you become so paralyzed that no one will ever encounter you behind the wheel. DUI is DUI regardless of the drug. A good guess is that you avoid cemeteries, where lots of folks lie because of those who espouse your philosophy. America provides freedom to be used, not abused.
Report Post »glennpatstu
Posted on May 25, 2012 at 2:34pmyes DUI is DUI- are you in favor of bringing back alcohol prohibition? It’s caused many, many, many more deaths than Marijuana has.
Report Post »Bonnieblue2A
Posted on May 24, 2012 at 4:46pmLaw enforcement at all levels, be it municipal, county, state, or federal, must be expected to follow the laws they are sworn to uphold. Let this be their “teachable moment”.
Report Post »themachinist239
Posted on May 24, 2012 at 4:12pmI keep hearing studies coming out saying 50%, 70%, 80%+ of Americans (and sometimes more) favor legalization. Even a vast majority of blazers support it even though conservatives are historically against pot. We have cowardly politicians on both sides unwilling to take the political risk that comes with doing the right thing.
Report Post »Pontiac
Posted on May 24, 2012 at 4:43pm[Even a vast majority of blazers support it]
Report Post »Nope.
justangry
Posted on May 24, 2012 at 6:24pmYeah, there’s A LOT of social progressives on here.
Report Post »DWilliams08
Posted on May 24, 2012 at 3:39pmGood.
Report Post »jvlag3
Posted on May 24, 2012 at 2:50pmhey once the police give it back to him, they can arrest him…no warrant needed…that‘s if he’s stupid enough to take it back!
Report Post »black9897
Posted on May 24, 2012 at 2:04pmOh dear god…not the horrible ‘crime’ of drug possession! Let’s see…the “war on drugs” = the “war on controlling people and stealing their money.”
Report Post »Zer0
Posted on May 24, 2012 at 2:41pm@Black9897,
EXACTLY! I’m glad, the whole case should have been thrown out! Furthermore, the DEA agents in charge of the investigation should be suspended and receive training in warrant procedure and the Constitution.
Report Post »black9897
Posted on May 24, 2012 at 11:02pmYep! Better yet, get rid of the DEA and let the states take back their power to have the choice (like they’re constitutionally supposed to!) of legalizing or criminalizing drugs. Keep the National Gov. out of it; they’re no supposed to be involved anyways.
Report Post »Blazen420
Posted on May 24, 2012 at 1:49pmWow… Good news for a change. There are billions of taxpayer dollars and people lives ruined every year over the war on marijuana. You can disagree if you choose, but your probably the same person that believes there is a terrorst just around the corner, waiting to kill you.
Report Post »confederacyofdunces
Posted on May 24, 2012 at 9:03pmI don’t believe the boogie man is waiting for me, we should stop all security measures and if we have another 911 we will hopefully know that you cant trim a few branches off the tree of islam, you need to dig it out roots and all.
Report Post »Since pot can be grown in any yard and does have legitimate uses it should be legal. According to the FDA Marujuana may cause 33 deaths a year, different than alcohol that kills 2.5 million people worldwide a year.
Mandors
Posted on May 24, 2012 at 12:41pmLazy police work, bad results.
It’s not hard to get a warrant, and the rule should be, if you don’t whether you need one, else someone is about to die, get a warrant.
Report Post »cykonas
Posted on May 24, 2012 at 11:59amA ray of sunshine from the usually corrupt and effete Federal Court System. A judge that has the audacity to follow judicial precedent? How refreshing!
Report Post »HKS
Posted on May 24, 2012 at 11:59amWhy do we have laws at all if their not enforceable? Is our problem here the lawmakers or the law breakers?
Report Post »justangry
Posted on May 24, 2012 at 4:21pmThe 4th ammendment?
Report Post »thegoldman
Posted on May 24, 2012 at 11:48amNo one is above the law…
next time get a warrant !
Report Post »Best_Patriot
Posted on May 24, 2012 at 11:42amLOL @ the cops. Always bungling it up!
Report Post »johnjamison
Posted on May 24, 2012 at 12:12pmThat Cops should be forced to give him his weed back or atleast pay for it. All proceeds from the arrest were illegally siezed.
Report Post »Gonzo
Posted on May 24, 2012 at 11:38amOh those pesky warrants! We waste our money chasing down pot users and sellers anyway. It’s certainly no worse than booze and every other ad run during a sports broadcast is for booze. The whole gateway drug argument is B.S. as well. Booze is just as much of a gateway drug. If the choice was: keep it illegal and there will be ZERO pot on the street or legalize it and it will be everywhere, I would say keep it illegal, but that’s not how it works.
Report Post »Godfather.1
Posted on May 24, 2012 at 11:29amDo Blaze authors proofread their articles before publishing? The amount of typos on this site is incredible.
Report Post »Best_Patriot
Posted on May 24, 2012 at 11:42amYou think this one’s bad, check the “Fox News Viewers are Uninformed” article where the “reporter” bases her argument on the idea that oversampling INCREASES margin of error. Anyone who has had Intro to Stats knows that the opposite is true. But that hasn’t stopped hundreds of Blazers from joining in the hollering about that study being based on bad methodology. Haha, the tea nuts always give us something to laugh about!
Report Post »Gonzo
Posted on May 24, 2012 at 11:45amYep, you definately picked the wrong end of the horse to represent you.
Report Post »Best_Patriot
Posted on May 24, 2012 at 12:05pmGonzo, really? Are you telling me that stratification (oversampling) INCREASES margin of error?
Seriously, check out that article. Ritz claims that’s the case and then uses that error on which to base her argument that the study was flawed. What’s better is all the Beck nuts saying “yeah yeah right on!”
Freakin’ tea for brains.
Report Post »Jaycen
Posted on May 24, 2012 at 12:27pmIt’s a shame you ignore the bias in the report. I suppose it’s easy to do when the results confirm your world view. Good luck with that.
Report Post »Best_Patriot
Posted on May 24, 2012 at 2:19pmIgnore? I thought you Beck nuts were “addicted to fact?”
FACT: increased sample size = smaller margin of error.
What’s even more funny is this “reporter” says that increased sample size “greatly increases margin of error.” Not only is she wrong, she’s REALLY wrong!
LOL @ tea for brains
Report Post »themachinist239
Posted on May 24, 2012 at 4:08pmBEST_PATRIOT, I‘m waiting for someone to refute what you’ve said. This is proof that even when perfectly reasonable facts are presented, partisanship wins every time. Gonzo gave a personal attack…Jaycen dismisses you by basically stating that anything you have to say is based on bias. A person can either plug their ears and dismiss literally everything you say or they can refute the evidence you’ve provided for your view. One is a cop out, the other takes diligence. How can you be honest with yourself when you can‘t even prove to yourself that you’re right on the facts? You can’t.
That is why Fox news viewers are typically less informed, simply because people go to Fox to confirm their beliefs with talking heads rather than challenging and expanding their knowledge of said issue. The reason that Fox news viewers are less informed isn’t due to them being “wrong” in their ideology or their politics, rather it’s from listening to newsmen and women who with every story, make a case for or against the subject they’re reporting on instead of reporting objectively. MSNBC, CNN and others use the same partisan tactics, but then again, anyone who obtains their news exclusively from a TV is already misinformed.
Report Post »Freedom.Fighter
Posted on May 24, 2012 at 11:29am1) Shouldn‘t the cops be arrested or at least sued for violating someone’s Constitutional rights?
2) How much longer will we keep the gangs and drug lords in power by perpetuating the war on drugs. If we follow the Constitution, then one must admit that people, by definition, own their bodies. Therefore, people can do with their bodies what they want as long as it does not adversely affect others’ property.
Report Post »loriann12
Posted on May 24, 2012 at 11:41amMy DOCTOR told me that marijuana does not cause lung cancer or any known illnesses. In that respect, I’m more Libertarian. If you legalize it (and I‘m only talking the drugs that don’t cause problems, whick would not include cocaine or man-made drugs or heroine, etc.), they can’t sell it black market. It also takes the “thrill” away for someone to try it. Let’s get real, kids do alcohol begore they‘re 21 because it’s not legal. Kids do drugs because they’re not legal. Kids under 18 smoke because you’re supposed to be 18. Legalize it and you’re not suddenly going to have everyone doing it, and who cares if they do? most places require you to not drink on the job…
Report Post »lukerw
Posted on May 24, 2012 at 11:28amThe OutLaws of the Old West… would have loved to live during this Point in Time!
Report Post »rickc34
Posted on May 24, 2012 at 11:46amWho gets the 150 lbs huh. Obama and Biden? We all know the President liked to smoke it and Biden seems like he smokes it all the time. He says something then forgets what he said . Well the President does to some call it flip flopping others call miscommunication while still others call it lying. Maybe their just stoned huh .
Report Post »IIIper
Posted on May 24, 2012 at 11:27amGood. Not only is the “war on drugs” a foolish and wasteful endeavor, but the idea of warrantless GPS tracking is attrocious and unConstitutional.
Report Post »salvawhoray
Posted on May 24, 2012 at 11:21amwhats the score on the war against drugs now?
Report Post »justangry
Posted on May 24, 2012 at 11:30amThe taxpayers already lost.
Report Post »RepubliCorp
Posted on May 24, 2012 at 11:35amWith a wide open border? It doesn’t matter
Report Post »riseandshine
Posted on May 24, 2012 at 11:16amThat’s good.
Report Post »Man-On-A-Mission
Posted on May 24, 2012 at 11:15amI know it sucks for law enforcement, but we do have a constitution and with out a warrant, this is against it.
Report Post »brother_ed
Posted on May 24, 2012 at 11:19am@MAN-ON-A-MISSION
You beat me to it.
Report Post »justangry
Posted on May 24, 2012 at 11:29amYeah it sucks they have to obey the law too. In the end, we’re better off that way. GB and the Blaze are huge social progressives so this is a bad thing in their eyes. STUPID CONSTITUTION!!! Pfft!
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