NACDL - People v. Weaver

People v. Weaver

Joint amicus curiae brief (submitted with motion for leave to file on Feb. 2, 2009) of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, the New York State Defenders Association, the Electronic Frontier Foundation, the American-Arab Anti-Discrimination Committee, the Sikh American Legal Defense and Education Fund, the Council on American-Islamic Relations, and the Union for Reform Judaism.

Brief filed: 02/02/2009

Documents

People v. Weaver

New York Court of Appeals; Case No.

Prior Decision

Case below 52 A.D.3d 138 (3rd Dept. 2008).

Argument

The decision of the Appellate Division, Third Department should be reversed. To secure both First and Fourth Amendment rights, as well as liberty and privacy rights under New York State Constitution, law enforcement should be required to secure a warrant based on probable cause prior to secretly installing GPS transmitter on a person’s vehicle and undertaking such surveillance.

Author(s)

Susan J. Walsh, Moskowitz, Book & Walsh, LLP, New York, NY; Norman L. Reimer, Exec. Dir., NACDL, Washington, DC; Ivan J. Dominguez, Asst. Dir. Public Affairs & Communications, NACDL, Washington, DC.