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GPS in the courts, redux: Home invasion conviction overturned on privacy grounds

Posted on September 13, 2011 by pogowasright.org

Carl Burnett Jr. reports:

LANCASTER — The Fifth District Court of Appeals recently reversed a Columbus man’s conviction for breaking into a home near Baltimore and sent it back to Fairfield County.

“We are pretty happy that the appeals court supported our view about the violation of Fourth Amendment,” said defense attorney Aaron Conrad. “But I told his family not to get their hopes up until the Ohio Supreme Court rules on a similar case that has oral arguments set for October.”

[…]

Officers tracked White and Sullivan to their apartment in Columbus shortly after the home invasion.

It’s how they were tracked that made the appeals court reverse the sentence.

Franklin County detectives had been watching Sullivan and his white Honda Civic in connection with a felony case they were investigating.

Franklin County detectives placed a hidden GPS tracking device, without a warrant, on the car after they had trouble following it as it drove around Columbus and nearby counties.

On the day of the home invasion, deputies were tracking the car and realized it may have been involved in a home invasion in Fairfield County and followed it back to Sullivan’s Columbus home.

Read more about the case on the Eagle-Gazette.

Category: CourtSurveillance

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