4th Amendment

The police suspected an individual of trafficking in drugs so they attached a GPS tracking device to his car and along with his cell-phone records monitoried him for a couple of days. The police did not get a search warrant for the use of the GPS. Evidence the police acquired tended to show that the individual was indeed in the drug distribution business. He was found guilty but a federal appeals court in Washington DC voted 3 to 0 to reverse that finding claiming that the defendant' 4th Amendment rights were violated. The GPS was in fact a search and the appeals court said the defendant had an expectation of privacy. One of the Appeals Court judges quoted in The Record on 8/7/10 was Douglas Ginsburg (Wasn't he once nominated for the Supreme Court?).