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

from the a-difference-of-opinion dept

Wed, May 13th 2009 7:08pm — Mike Masnick

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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Filed Under: first amendment, gps tracking, law enforcement, privacy

16 Comments

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Dan, 13 May 2009 @ 8:13pm

WI. why?
This begs the question: what part of this argument did the Wis. court not understand. Would the justices be upset if someone logged their every move 24/7 and published it? What inferences could one make from those logs? Probably very boring but the Enquirer built an publishing business on just such grist and FOX news seems to be trying the same, nothing like a juicy scandal with a judge involved.
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- Anonymous Coward, 14 May 2009 @ 1:00pm
  
  Re: WI. why?
  Assuming facts not in evidence! Isn't your question presuming the Wisc justices actually move? Bearing in mind too that motor skills are necessary to at least some degree in order to move more than a twitch...
  VRP
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pk, 13 May 2009 @ 8:15pm

my 2 cents
Having the authorities place a GPS tracking device is like a having a "geolocational wiretap"

This should at a minimum require the same due process as a regular wire tap.
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AZ, 13 May 2009 @ 8:33pm

Proactive Approach
As our US Congress struggles with warrantless wiretapping, it reminds me of the quote, "all politics are local". Cities and States should be putting the voice of the people above all else and LEGISLATE for the rights of the PEOPLE regarding this new technology.

I'm tired of lazy politicians who will not step up and represent the people who voted them into office.
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IanK, 13 May 2009 @ 8:52pm

But is it the same as just following them 24/7?
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- John, 13 May 2009 @ 9:49pm
  
  Re: The same?
  No it is different by cost. GPS trackers cost about $300. That cost does not go up with time. You can track someone for an entire year for the cost of hiring one person to follow the suspect for a day.
  Because this kind of high level surveillance is now so cheap, that the balance between enabling law enforcement and protecting citizen privacy has completely shifted to one side.
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  - Anonymous Coward, 14 May 2009 @ 1:03pm
    
    Re: Re: The same?
    Besides, GPS isn't installed on a person but a vehicle; and so, doesn't track anyone. Just the vehicle the GPS is attached to.
    VRP
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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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Anonymous Coward, 14 May 2009 @ 5:25am

WOW
I'm completely shocked. At a time when a few supreme court justices are laughing about a 13-year old being strip searched at school, another court decides that common sense isn't dead after all.
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- Anonymous Coward, 14 May 2009 @ 11:51am
  
  Re: WOW
  13-year old being strip searched at school
  
  By police. You left that part out.
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CleverName, 14 May 2009 @ 6:16am

I'd still like to know if/when the GPS unit becomes the vehicle owners property. Is it abandonment? Was it a gift?
Or, perhaps the vehicle owner could charge a transportation fee. The added weight costs money to haul around and therefore is subject to a charge.
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- John, 14 May 2009 @ 7:03am
  
  Re: Liability?
  If you find it and destroy it are you liable for destroying public property? What if they used anti-curcumvention methods to prevent you from taking it off of your car? Are you breaking DMCA?
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Anonymous Coward, 14 May 2009 @ 7:24am

Cost has nothing to do with if something is illegal or not.

That being said, our local police dept. put a GPS in one of the squad cars to track what the officers were doing. Of course, it ended up on a bus. Took them a while to figure out why the cop was driving to other towns. Hahaha, they were pretty pissed.
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- Anonymous Coward, 14 May 2009 @ 2:11pm
  
  Cost has nothing to do with if something is illegal or not.
  What? It has everything to do with it.
  What would Automatic machine-guns cost if they were available in every corner store?
  
  VRP
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sprearson81 (profile), 8 Jun 2012 @ 6:44pm

They'd cost at least a pound I think
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lrobbo (profile), 12 Jun 2012 @ 9:57am

Er, maybe more mate.
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