Legal Opinion
Cunningham v. New York State Department of Labor
New York Court of Appeals
Decided June 27, 2013PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The State of New York, suspecting that one of its employees was submitting false time reports, attached a global positioning system (GPS) device to the employee’s car. Under People v Weaver (12 NY3d 433 [2009]) and United States v Jones (565 US —, 132 S Ct 945 [2012]), the State’s action was a search within the meaning of the State and Federal Constitutions. We hold that the search did not require a warrant, but that on the facts of this case it was unreasonable.
I
Petitioner became a state employee in 1980, and in 1989 was appointed as Director of Staff and…
2Cases cited10 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- New Jersey v. T. L. O.Supreme Court of the United States · 1985
- United States v. JonesSupreme Court of the United States · 2012
- O'CONNOR v. OrtegaSupreme Court of the United States · 1987
- People v. WeaverNew York Court of Appeals · 2009
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3Cited by8 opinions
- El-Nahal v. YasskyDistrict Court, S.D. New York · 2014
- Matter of Brooks v. New York State Dept. of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2023
- Carniol v. New York City Taxi & Limousine CommissionNew York Supreme Court · 2013
- Matter of Owner Operator Ind. Drivers Assn., Inc. v. New York State Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2022
- Nawrocki v. New York State Office of Children & Family ServicesDistrict Court, W.D. New York · 2014
3 more not listed; retrieve them via the Exa API.