Question
Hypothetical: Mr Smith was suspected of narcotics violations in New York City. A jointFederal Bureau of Investigation(FBI) andMetropolitan Police Departmenttask force began investigating Smith. During
Hypothetical: Mr Smith was suspected of narcotics violations in New York City. A jointFederal Bureau of Investigation(FBI) andMetropolitan Police Departmenttask force began investigating Smith. During the course of the investigation, police obtained a search warrant to install aGlobal Positioning System(GPS) device on his Lincoln MTS car in New York within 10 days. The police installed the GPS device in New Jersey on day 12. The GPS information, along with other surveillance information, gathered led to Mr Smith's arrest, trial and conviction. Mr Smith appealed the decision and argued that his conviction should be overturned because the use of the GPS device violated his Fourth Amendment protection against unreasonable search and seizure.
Question: Was the search warrant required in this case? Was the search warrant obtained by the police valid? Should the conviction be upheld or overturned on appeal? Explain why or why not, citing the appropriate law or case(s) to support your position.
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