The United States Supreme Court, in January of 2012, ruled in United States v. Jones that the government’s physical intrusion of attaching and monitoring a GPS unit was a search and was obtained without a proper warrant. The lower court had ruled that any data compiled on public streets was admissible because the person had no expectation of privacy.

However, anything while parked at the house would be inadmissible.  The higher courts ruled that the warrant obtained was deficient and that ALL data recorded was inadmissible and should be suppressed.  This was a case where the warrant allowed the device to be attached within 10 days of the issuance of the warrant, but the officers screwed up and attached it on the 11th day.  They monitored data for over a month.

Think missing a GPS hook up one day late is not a big deal? Think again!  This defendant was charged and convicted of conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base in Federal court!  The conviction was overturned!!

What does this mean for you? It means that if you are charged with possession or possession with intent to deliver drugs in Michigan, you need to carefully analyze how they got the evidence against you.  Many times criminal defense lawyers can file motions to suppress evidence and strengthen your defense and negotiating leverage.

Call Attorney Ray Purdy today and put his over 20 years of experience to work for you.