ALBANY, N.Y. (AP) — A New York Civil Liberties Union lawyer tells the state's top court that the GPS device placed on the family car of a state worker suspected of falsifying time sheets violated his constitutional right to privacy.
Attorney Corey Stoughton says investigators didn't first get a court warrant Cunningham had no notice of the tracking device and it operated non-stop for 30 days, including a weeklong family vacation.
A lawsuit claims that was too intrusive to be justified by the limited warrant exception for searches of government employees.
A divided midlevel court denied Cunningham's request to suppress the GPS evidence and he was fired.
State attorney Kate Nepveu says Wednesday the GPS use was reasonable under the circumstances.
The court's ruling is expected in a month.
© 2013 AP
