Judge Throws Out 150 lbs of Marijuana Evidence Over GPS Tracker Use

150 pounds of stashed marijuana found by police in a suspect’s car has been thrown out as evidence.

U.S. District federal judge Amul R. Thapar ruled that the Drug Enforcement Administration (DEA) illegally installed a GPS tracker on 49-year old Kentucky man’s, Dale Lee, car. As a result, marijuana found in the car was deemed inadmissible as evidence and prosecutors won’t be able to use the marijuana in the case, according to the judge.

Upon placing the GPS tracker on Lee’s vehicle, the DEA began tracking his movements. Lee was tracked traveling from Chicago, then back to Kentucky. When the DEA notified the Kentucky State Police of Lee’s travels, a Kentucky State Police trooper stopped Lee on his way back from Chicago. It was then that a drug enforcement canine discovered the 150 pounds of marijuana.

Although Lee reportedly consented to the vehicle search, no warranted was obtained to initially place the GPS tracker device on the car.

The DEA began investigating Lee in this multi-state probe after a concerting witness told investigators that Lee had been traveling to Chicago to purchase marijuana and then driving back to Kentucky with the marijuana in tote. Lee had previous spent over three years in prison for drug and gun convictions.

”In this case, the DEA agents had their fishing poles out to catch Lee. Admittedly, the agents did not intend to break the law. But, they installed a GPS device on Lee’s car without a warrant in the hope that something might turn up,”  U.S. District judge Thapar wrote in his ruling.

Back in January 2010, the U. S. Supreme Court handed down a hallmark decision in the United States v. Antoine Jones case that law enforcement could not utilize GPS tracking devices on cars without first obtaining a warrant. In this historic case, police did obtain a search warrant, but placed the GPS tracker on the vehicle after the warrant had expired. While Jones was initially given a life sentence and convicted of drug dealing, his conviction was overturned after it was determined that his constitutional rights were in violation. (We wrote about the ruling here.)

Lee is currently awaiting a trial on a conspiracy charge to distribute marijuana, but the 150 pounds of marijuana crucial evidence obtained from the GPS tracker search will conclusively be tossed out.

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