Unwarranted,GPS,Normal,false,M law Unwarranted GPS
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Normal 0 false false false MicrosoftInternetExplorer4 st1\:*{behavior:url(#ieooui) } The New York State Court of Appeals overturned decisions on the ScottWeaver case based on evidence obtained by using a GPS device without a warranton Weavers vehicle. The unit was in place for 65 days, during which Weaverallegedly committed two acts of burglary. Although the conviction did not at all hinge on the information gainedby the tracking device, Weaver will receive a new trial with the GPS evidenceexcluded. The ruling will not be appealed through federal courts as the decisionwas made under the New York constitution andas the panel stated, only applies to New York. The main issues are an expectation of privacy and protections againstunreasonable searches. In his opinion, Chief Justice Lippman wrote, Themassive invasion of privacy entailed by the prolonged use of the GPS device wasinconsistent with even the slightest reasonable expectation of privacy. Hecontinued with, GPS is not a mere enhancement of human sensory capacity, itfacilitates a new technological perception of the world in which the situationof any object may be followed and exhaustively recorded. Without judicialoversight, the use of these powerful devices presents a significant and, to ourminds, unacceptable risk of abuse."It was a close 4 to 3 decision, but in the end, Weaver prevailed. The idea that police found it appropriate to use tactics like placingGPS tracking devices on cars without probable cause is a bit much. The courtsdecision is reassuring to some extent that there will be some checks andbalances i.e. warrant requirements in the future- at least in New York anyways. According totimesunion.com, Associate Judge Pigott offered that people should put notrespassing stickers on their bumper to ward of cops. Cases pertaining to the use of GPS devices are making their roundsthrough federal appeals courts now, but currently there is no federal law orstatute regarding the practice. On the same note, the 4th Circuit Court of Appeals in Wisconsin had anantithetical ruling. In that case, the police tracked a man accused of stalkingwith a GPS device obtained with a warrant (hey finally! Some probable cause!).Inevitably, the court sided with the police and decided the defendants rightswere not violated. Read more about the Wisconsincase here.Until a federal law is passed, which would probably require moreattention given to the subject by the media and others, the field is ripe forexploitation. As innocuous as a GPS tracker may seem, it is definitelydifferent than police surveillance. Mainly, it is cheaper. So police who alwayshad their suspicions about Joe Blow but didnt have enough reason to go totheir sergeant, form a task force, and command station resources to pursuetheir suspicions can now track whomever they so choose for pennies on thedollar. Normal 0 false false false MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable{mso-style-name:"Table Normal";mso-tstyle-rowband-size:0;mso-tstyle-colband-size:0;mso-style-noshow:yes;mso-style-parent:"";mso-padding-alt:0in 5.4pt 0in 5.4pt;mso-para-margin:0in;mso-para-margin-bottom:.0001pt;mso-pagination:widow-orphan;font-size:10.0pt;font-family:"Times New Roman";mso-ansi-language:#0400;mso-fareast-language:#0400;mso-bidi-language:#0400;}For more information regarding Law firm advertisements,Legal questions, TrademarkLawyers and Toronto Lawyer please visit: www.lawyerahead.ca
Unwarranted,GPS,Normal,false,M