Court tackles police GPS tracking w/o warrants - NEWS10 ABC: Albany, New York News, Weather, Sports

Court tackles police GPS tracking w/o warrants

It's a question of privacy for all of us - do police need permission to track people using GPS technology?

That is what state police did back in 2005 to track down a burglar.

The case could make history as to whether or not police need a search warrant to use technology like global positioning systems. The New York Court of Appeals is figuring out what implications this all has on the rest of us.

Constitutional - or simply a case of "Big Brother" going too far? GPS surveillance by police is the hot topic now before the state Court of Appeals.

The issue begins with on man, Scott Weaver of Watervliet. In 2005, state police connected Weaver to a burglary at the Latham KMart after sticking a GPS device under his van.

They did it without obtaining a warrant.

That GPS data was used to convict Weaver. His attorney's have been fighting the constitutionality ever since.

"But if they can do that legally without probable cause, what is to stop them from doing that to someone - those who visit a mosque, those who visit an anti-war rally? There is a Pandora's Box which the government has opened here," said defense attorney Trey Smith.

One member of the court posed to the defense, "Isn't this just a more efficient way of doing the same thing that's been done by police for a long time; namely, tailing somebody or following somebody?"

The Albany County District Attorney's office agrees. They say Weaver, driving around in full public view, should not have had any expectation of privacy.