People v. Weaver

Stein, J. (dissenting).

The question of whether the NY Constitution prohibits constant surveillance of an individual’s whereabouts by means of a global positioning system (hereinaf*144ter GPS) device without a search warrant has far-reaching implications and has never been addressed by any appellate court of this state. While I agree that an analysis under federal law would dictate the result reached by the majority (see New York v Class, 475 US 106, 113-114 [1986]; United States v Knotts, 460 US 276 [1983]; United States v Rascon-Ortiz, 994 F2d 749, 754 [10th Cir 1993]; see also People v Jackson,…