Created on Wednesday, 09 April 2014 Written by THE ASSOCIATED PRESS
COLUMBUS, Ohio (AP) — A county prosecutor says he will ask the Ohio Supreme Court to consider whether police can use GPS devices to track vehicles without a warrant from the court.
Franklin County Prosecutor Ron O'Brien tells The Columbus Dispatch (http://bit.ly/1oLKQ00 ) he will request an appeal of last week's ruling by a county appeals court to throw out evidence in a burglary case because a detective placed a GPS device on a suspect's car without getting a warrant.
Common Pleas Judge Michael J. Holbrook ruled in February 2013 that some evidence against 22-year-old burglary suspect Montie Sullivan was illegal because his constitutional right against illegal searches had been violated.
Last week, a three-judge panel of the appeals court upheld the ruling.
Sullivan's attorney said authorities now "have no evidence left."