Keeping in line with the Supreme Court's decision in Davis v. United States, 131 S.Ct. 2419 (2011), the Court today held that, while use of a GPS device violated the Fourth Amendment, exclusion of the evidence was not an appropriate remedy, as at the time of the use of the device, the uncontradicted case law allowed for such use. United States v. Fisher, 13-1623
At the time the police placed the tracking device on Fisher’s vehicle, the training and guidance provided to these officers by various police agencies and prosecutors all indicated that such conduct was consistent with the Constitution; no circuit authority had indicated that the use of a GPS tracker was unconstitutional, and three circuits had held that such conduct was lawful; the relevant Supreme Court case law had indicated such a practice was lawful; and our precedent also provided binding authority permitting such conduct. These are not the type of circumstances that warrant the application of the “bitter pill” that is the exclusionary rule. As it is apparent that the police acted in reasonable, good-faith reliance and that their conduct was lawful, the exclusionary rule does not apply.