The warrantless use of a GPS device on a vehicle by police does not violate a driver's right to privacy under either the U.S. Constitution or the New York Constitution, a state appeals panel decided last week. Calling itself the first state appeals court in New York to address the issue, the Appellate Division, 3rd Department panel determined that the privacy expectations of individuals are lower when they are in their automobiles than when they are in their homes.
Split Panel Affirms Warrantless Use of GPS Device
New York Law Journal
June 9, 2008