GPS Case Before NY's Top Court

May 29, 2013

Typical OEM GPS receiver module measuring 15×17 mm.
Credit WikiPedia

ALBANY, N.Y. (AP) — A New York Civil Liberties Union lawyer tells the state's top court that the GPS device placed on the family car of a state worker suspected of falsifying time sheets violated his constitutional right to privacy.

In 2008, the Labor Department suspected that Michael Cunningham  of Colonie was taking unauthorized absences from work as well as falsifying time records.

Attorney Corey Stoughton  says investigators didn't first get a court warrant Cunningham had no notice of the tracking device and it operated non-stop for 30 days, including a weeklong family vacation.

A lawsuit claims that was too intrusive to be justified by the limited warrant exception for searches of government employees.

A divided midlevel court denied Cunningham's request to suppress the GPS evidence and he was fired.

State attorney Kate Nepveu  says Wednesday the GPS use was reasonable under the circumstances.

The court's ruling is expected in a month.

© 2013 AP