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November 25, 2011

GPS Device OK'd in State Worker's Car

GpsJohn Caher reports today in the New York Law Journal that the New York State Inspector General's placement of a GPS tracking device on the private vehicle of a government employee suspected of falsifying attendance records did not violate the employee's rights. But, he notes, the appeals panel was "deeply divided." 

"The Appellate Division, Third Department, which was previously reversed when it upheld the warrantless use of a GPS device to track a criminal suspect, said the electronic surveillance was justified and reasonable in this civil matter because traditional methods, such as following the employee, had been thwarted.

But a two-judge dissent said the government went too far and tracked the employee's movements not only when he was supposed to be working, but when he was on a family vacation."

Read the full story here.



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