The warrantless use of a global positioning 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 state Constitution, an upstate appeals panel decided last week.

In becoming what it said was 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 under both the federal and state constitutions are lower when they are in their automobiles than when they are in their homes.

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