{"id":3024,"date":"2009-03-25T11:53:15","date_gmt":"2009-03-25T11:50:05","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-03-25T11:50:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3024","title":{"rendered":"NY GPS case in the press"},"content":{"rendered":"

The Albany Times-Union has articles about the GPS case, previously noted here<\/a>, from the day of the argument<\/a> and from today: NY court hears arguments on police use of GPS<\/a>. It sounds like a spirited argument:<\/p>\n

At the center of discussion was the case of Scott Weaver, whose conviction in a Christmas Eve 2005 break-in was aided by a GPS device that state police secretly attached to his van for 65 days.<\/p>\n

Defense lawyer Matthew Hug said the GPS device intruded on his client’s right to privacy.<\/p>\n

“The potential for abuse is staggering,” Hug said, noting that the satellite technology tracks vehicles onto private property where police can’t routinely go.<\/p>\n

Albany County Assistant District Attorney Christopher Horn told the judges that GPS was essentially just another way of watching a vehicle, which police routinely do without first obtaining a warrant. He doesn’t believe GPS tracking is unconstitutional.<\/p>\n

. . .<\/p>\n

Rulings in New York and federal courts so far say police can install the devices without getting approval from a judge.<\/p>\n

However, state courts in Oregon and Washington have said that police use of GPS without a warrant is prohibited under their constitutions. Another case out of Maryland is pending before a federal appeals court.<\/p>\n

The judges with New York’s Court of Appeals grilled both lawyers. They asked whether it would be lawful for people to attach GPS monitors on their neighbors’ vehicles, whether automakers could install them in all new cars so authorities could monitor movement and whether “no trespassing” stickers on bumpers would prevent a driver from being tracked by GPS.<\/p><\/blockquote>\n

See also News 10 in Albany<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3024","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3024","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3024"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3024\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3024"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3024"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3024"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}