A South Florida man busted for cocaine is asking the Florida Supreme Court to throw out the case.
Shawn Tracy's lawyer says the state violated his fourth amendment rights by tracking his cell phone without a proper search warrant, but Assistant Attorney General Melynda Melear tells the court the rules are different for cell phones.
She says Tracy did not have a subjective expectation of privacy and therefore his 4th amendment rights were not violated.
Defense attorneys claim there was no court order to justify the actions and each person deserves a reasonable expectation of privacy.
A decision is not expected to be reached for several months.