Evidence police collected from a GPS device they attached to a suspect’s vehicle without a warrant should be admissable because the officers relied in good faith on legal precedent at the time, the U.S. Attorney’s Office argued in front of an en banc panel of the Third Circuit on Wednesday.

Both the trial judge and the three-judge panel of the U.S. Court of Appeals for the Third Circuit that initially heard arguments had decided that the evidence should be suppressed, although the decision of the panel split on that issue.