GPS evidence did not taint conviction, court rules

Even though the unconstitutional use of GPS tracking led police to follow a suspected sex offender, allowing police to testify about the man’s activities was harmless error since the victim’s own testimony was sufficient to convict the suspect of violent sexual assault, the Supreme Court decided Friday.

The decision affirms a life sentence for David Foltz Jr.

Foltz came under police suspicion before the U.S. Supreme Court decided GPS tracking was a Fourth Amendment search, usually requiring a warrant. Using a tracking device on his truck, officers determined Foltz may have been in the area of a sexual assault.

Police then undertook to follow Foltz in person. When they saw him grab a woman and pull her under a large tree, officers rescued the woman and arrested Foltz.

The trial judge allowed the officers to talk about what they observed the evening of the assault, including apparent stalking of another woman. The Supreme Court assumed, without deciding, it was error to let the jury hear that testimony.

Nevertheless, the court determined the vivid testimony of Foltz’ intended victim was sufficient to support convictions of abduction with intent to defile and a subsequent violent sexual assault.


Interesting article.

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