Published March 15, 2012, 11:13 AM

SD high court says warrant needed for GPS tracking

PIERRE (AP) — The South Dakota Supreme Court has joined the nation's highest court in requiring police to get a warrant from a judge before using GPS technology to track a suspect.

PIERRE (AP) — The South Dakota Supreme Court has joined the nation's highest court in requiring police to get a warrant from a judge before using GPS technology to track a suspect.

The state Supreme Court's unanimous ruling Thursday overturns a South Dakota man's convictions for possessing marijuana and intending to distribute it.

Aberdeen police attached a GPS tracking device to Elmer Wayne Zahn's vehicle and determined he often visited storage units. They then got a search warrant and found marijuana in one of the storage units.

The high court says the use of the GPS tracking device without a warrant violated Zahn's constitutional protection against unreasonable search and seizure. The South Dakota justices say that means evidence seized from the storage unit cannot be used against Zahn.

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