Cunningham v. New York State Department of Labor

Summary

The New York Court of Appeals held that a public employer’s warrantless GPS tracking of an employee’s personal vehicle constituted a search but fell within the workplace exception to the warrant requirement. However, the month-long, continuous tracking—which included evenings, weekends, and vacation—was unreasonable because it was excessively intrusive. The court ordered suppression of the GPS evidence, dismissal of the four charges dependent on that evidence, and remand for reconsideration of the penalty on the remaining charges.