Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Warrantless GPS monitoring of cars without time limits argued Tuesday

By John Wesley Hall, Jr.

People v. Weaver is being argued Tuesday afternoon in the New York Court of Appeals argues that warrantless GPS monitoring of a vehicle violates the New York Constitution because there is no temporal or spatial limitation on monitoring. “By its nature, GPS is a valuable tool because it permits long-term, sustained surveillance. But its potential for abuse is staggering. To allow this kind of personal data collection without judicial oversight is an Orwellian nightmare. The minimal time required to obtain a warrant based on probable cause restores balance and cannot credibly be said to impede legitimate law enforcement objectives,” Walsh, lead counsel for the group, said in a statement. The amicus brief is here. Perhaps in the confines of this case citizens may get some relief.continue to full post

Full post as published by Fourth Amendment on March 23, 2009 (boomark / email).