GPS Placement Inside Car Bumpers in New York

In People v. Weaver, 12 NY3d 433, 442, 909 N.E.2d 1195, 882 N.Y.S.2d 357 [2009]), a case involving the placement of a GPS device inside the bumper of a car, the Court of Appeals concluded that GPS technology is more intrusive than pen registers or trap and trace devices, stating: "With GPS becoming an increasingly routine feature in cars and cell phones, it will be possible to tell from the technology with ever increasing precision who we are and are not with, when we are and are not with them, and what we do and do not carry on our persons--to mention just a few of the highly feasible empirical configurations." The Court went on to hold that under the New York State Constitution, in the absence of exigent circumstances, the installation and use of a GPS device to monitor an individual's whereabouts constituted a search that was illegal absent probable cause and without a warrant (id. at 445).