RICHMOND, Va. (AP) - The Virginia Supreme Court is set to hear the appeal of a sex offender who argues that evidence against him was inadmissible because police used an electronic tracking device to monitor his movements without first obtaining a search warrant.
Lawyers for David Foltz Jr. are scheduled Thursday to challenge a state appeals court ruling affirming his conviction in Fairfax County on sexual assault charges. The 11-judge panel ruled in 2011 that the contested evidence didn't directly stem from the global positioning system device, without addressing the constitutionality of the device's use. The appeals court said police had already focused on Foltz as a suspect in a string of assaults.
The U.S. Supreme Court ruled this January that police cannot install GPS technology to track suspects without a warrant.
