Georgia appeals court reverses burglary conviction due to illegal use of a GPS device

In Hamlett v. State, No. A13A0747 (Ga. Ct. App. 2013), the Court of Appeals of Georgia reversed a judgment in part due to the use of evidence derived from the illegal use of a GPS device.

The defendants were convicted of burglary and had attempted at trial to suppress evidence acquired after the placement of a GPS device. The arguments included lack of sufficient probable cause to use the device and also that a subsequent "stop was not supported by a reasonable articulable suspicion that he was or had been involved in criminal activity."

The appeals court held that because there was no evidence of the defendant's involvement in the crime at the time of the affidavit,

the detective's affidavit failed to provide a sufficient basis from which the Cobb County court could find the probable cause necessary to authorize the State's surreptitious and non-consensual installation and monitoring of the GPS tracking device.

Further, the illegality of the stop was not cured because of the truck's inoperable brake lights or expired tag. The officer testified that he had only followed and stopped the defendant because of the GPS monitoring and that he had acted differently than he would have for a routine stop. The court continued with its explanation and ultimately held:

Thus, the overwhelming and undisputed evidence shows that the traffic stop of Jalim's truck would not have occurred but for the State's illegal use of the GPS tracking device.

Thus, the burglary related convictions were reversed, but the defendant's conviction with regard to the license plate and brake lights were upheld.

A dissenting opinion argued that probable cause existed for the use of the GPS device and that the ultimate stop was legal.