Delaware Judge Rules That Warrants Are Now Needed To Track Vehicles Via GPS

A Delaware superior court judge took a stand last month against the warrantless police use of GPS devices to record the movements of drivers. Judge Jan R. Jurden issued her ruling in the case of Michael D. Holden who was arrested on drug charges in February 2010 as a result of information obtained from a tracking device.

The Drug Enforcement Administration took interest in Holden after receiving a tip from an informant. Agents decided on their own authority to attach a battery-powered tracker to Holden’s white 1998 Lexus while it was parked on the street. Agents did not bother asking a judge for a warrant. Holden’s Lexus was tracked 24 hours a day for three weeks without any incriminating result. Then a new tip suggested Holden would be picking up marijuana on February 24. Agents followed Holden to a house in New Jersey where luggage was exchanged with the driver of another vehicle. Agents provided a live update on the position of the Lexus and ordered the Delaware River and Bay Authority police to stop and search Holden. He was  found to be carrying marijuana.


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