Right, but my question was more like: Clearly this was a major investigation. The FBI was involved, they followed this guy around for a month, they used expensive technology, they appealed all the way to the Supreme Court .. if they're going through all that trouble, would it have been that much more work to just get a warrant first? Is there a long waiting list for warrant hearings? Would the warrant have been unlikely to have been granted? Or did they just screw up?
They just screwed up. They installed the device a day late and outside of DC.
From the last footnote in Alito's opinion, In this case, the agents obtained a warrant, but they did not comply with two of the warrant’s restrictions: They did not install the GPS device within the 10-day period required by the terms of the warrant and by Fed. Rule Crim. Proc. 41(e)(2)(B)(i), and they did not install the GPS device within the District of Columbia...
