ALBANY – A deeply divided state Court of Appeals held yesterday that the government can attach a GPS tracking device to a public employee's personal vehicle without a warrant, establishing what three judges called a "dangerous precedent."
The judges agreed that remote surveillance of a car is a search within the meaning of the state and federal constitutions. They also agreed in Matter of Cunningham v. New York State Department of Labor, 123, that the state acted unreasonably in tracking an employee during his non-working hours in an effort to discover if he was lying about his work time.
