Following the important Supreme Court ruling in the case of Antoine Jones, where evidence collected via GPS device was deemed illegally obtained as there was no valid warrant in place, a Kansas City man waits to see if he will be as lucky in the case against him. Shon A. Pernice is accused of murdering his wife, his trial set for February 27, and prosecutors are pushing the court to accept evidence gathered from a GPS tracking device installed on Pernice’s vehicle. The charges against Pernice, 39: first-degree murder. Renee Pernice mysteriously disappeared in January of 2009, her body still yet to be found.
On February 10, during the preliminary hearing, testimony was given by an undercover officer regarding the GPS monitoring of Pernice. It was also confirmed other undercover officers followed him, tracking him visually. Pernice’s lawyer, Eric Vernon, argues that Pernice’s Fourth Amendment rights were violated. He deems the GPS tracker unconstitutional and therefore illegal, making it inadmissible as evidence in the case. He referenced the Jones case which clearly states authorities are to obtain a warrant prior to any sort of GPS surveillance. Just as in the Jones case, a valid warrant was not obtained prior to placing the tracking device.
On top of the GPS surveillance, it was revealed anywhere from five to seven undercover officers followed Pernice for three weeks, 24 hours each day. Authorities felt the inconsistencies in Pernice’s story about what happened on the night of her disappearance are suspicious. “He may lead us to the body of Renee Pernice,” testified the undercover officer.
During the surveillance, Pernice was seen driving his minivan to Line Creek Park which was over a mile away from his residence. He opened the door, let his wife’s dog out of the car, and drove home, leaving the dog behind. He was also monitored during a candlelight vigil held by Renee’s family which Shon Pernice attended. In addition to asking the court to exclude the GPS evidence, the defense is also asking the court to disregard cell phone records as well. The next hearing in this case is set for February 23.
