NACDL

New York Court of Appeals Issues Landmark GPS Decision

On May 12, 2009, New York’s highest court ruled in People v. Weaver, No. 53, that a warrant based on probable cause is required prior to the installation and use of a GPS device on a suspect’s vehicle. While the 4-3 majority opinion provided an extensive analysis of federal constitutional principles, the court limited its holding to one based upon the protections afforded under the New York State Constitution. The court ruled that because law enforcement acted without a warrant based on probable cause in secretly installing a GPS device on Scott Weaver’s vehicle and tracking and logging the vehicle’s every move for approximately 65 days, he was entitled to a new trial with all evidence derived from the GPS surveillance suppressed.

NACDL prepared an extensive amicus curiae brief in this case, written by Susan J. Walsh, a partner at Moskowitz, Book & Walsh, LLP in New York City, NACDL Executive Director Norman L. Reimer, and NACDL Assi