And Then... A NY Court Says No To Police GPS Tracking

from the a-difference-of-opinion dept

On Monday, we wrote about the Wisconsin ruling that police didn't violate anyone's rights in putting a GPS device on the car of someone they were tracking. It didn't take long for a different court in a different case to disagree. A bunch of folks have sent in the news that a court in NY had tossed out a similar case, claiming that the GPS evidence was illegally obtained. The ruling lays out many of the reasons why such technologies aren't the same as simply observing what someone does in public:
"What the technology yields and records with breathtaking quality and quantity is a highly detailed profile, not simply of where we go, but by easy inference, of our associations -- political, religious, amicable and amorous, to name only a few -- and of the pattern of our professional and avocational pursuits."
I expect that we'll be seeing many more such cases in the next few years until this is settled either by the law or the Supreme Court.

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  1. identicon
    Lee Brink, 14 May 2009 @ 4:31am

    USSC will not affect NY

    While a ruling from the USSC will affect decisions in states like Wisconsin, with will not affect the ruling in NY.

    As noted in the decision, NY's Constitution/laws are more protective than the US Constitution. So even if the USSC rules that police can put GPS units on a car without a warrant, NY's ruling will stay the same because it confers more rights. IOW the USSC will set the minimum, but states will be able to restrict law enforcement more if they so choose.

    And that's a good thing.

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