WASHINGTON (AP) — The Supreme Court has added a couple of high-profile constitutional challenges to its lineup of cases for next term: One looking at governmental regulation of television content and the other dealing with the authority of police to use a GPS device to track a suspect's movements without a warrant.
In the GPS case, the court will decide whether the police need a warrant before using the device to track a suspect's movements. The justices agreed to hear the Obama administration's appeal of a court ruling that favored a criminal defendant. The federal appeals court in Washington overturned a criminal conviction because the police had no warrant for the GPS device they secretly installed on a man's car. Other appeals courts have ruled that search warrants aren't necessary for GPS tracking. The Justice Department argued that warrantless use of GPS devices does not violate the Fourth Amendment's ban on unreasonable searches. It also said prompt resolution of the divergent court opinions is critically important to law enforcement.
A three-judge panel of Democratic and Republican appointees unanimously threw out the conviction and life sentence of Antoine Jones of Washington, D.C., a nightclub owner convicted of operating a cocaine distribution ring. The Justice Department said GPS devices are especially useful in early stages of an investigation, when they can eliminate the use of time-consuming stakeouts as officers seek to gather evidence.
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