Subject: [NEXTEL-1] Judge Says Police Need Warrant to Use GPS

From: [email-masked]
Date: Tue, 25 May 2004 18:29:37 -0400

GPS decision starts privacy debate anew
By Robin Topping
Staff Writer

May 20, 2004

Nassau County Court judge Joseph Calabrese has ruled police should
have obtained a warrant before using a GPS device to track Richard
Lacey. According to Calabrese, in order to use a GPS device in an
investigation, police must show a judge that they have "probable cause
to believe evidence of a crime is likely to be found."  At the center
of the controversy over the use of GPS devices by law enforcement
officials is the expectation of privacy when walking on the sidewalk
or driving down a public street.  Calabrese asserted that Lacey did
not have an expectation of privacy in that he was driving someone
else's car "for the sole purpose of furthering a criminal
enterprise." However, despite his ruling that police should have
obtained a warrant, Calabrese said that prosecutors would be allowed
to use the incriminating GPS evidence against Lacey at his trial. 
Currently, more than a half-dozen states are dealing with legal
challenges to police use of GPS devices.Copyright © 2004, Newsday, Inc

http://www.newsday.com/news/local/longisland/ny-ligps123810064may20,0,4656641.story?coll=ny-linews-headlines

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