Will the Supreme Court weigh in on warrantless GPS tracking?

A decision out of the DC Circuit Court reversing a conviction obtained with evidence garnered from the use of a GPS tracking device on a suspect's car, which was placed without a warrant, is likely to be considered by the Supreme Court.  The feds had a warrant for the GPS tracking device on the Defendant, which subsequently expired, but they continued to use the device.  This issue, whether the police can unilaterally use a GPS device to track all movements of suspect, is a very important one, so the EFF and ACLU have weighed in.

The New York State high court, using a 1983 US Supreme Court decision regarding tracking using a beeper, found that GPS tracking requires a warrant.  The Ninth Circuit Court of Appeals found that the use of GPS tracking device to track a vehicle on public roads without a warrant was OK, so long as the placement of the device did not violate the 4th Amendment.  The Supreme Court will need to make a decision hear, because older Supreme Court decisions, regarding so-called bird-dogging devices (pagers) and thermal imaging, simply do not reflect changes in technology that allow for much more detailed tracking today.