Cunningham v. New York State Department of Labor

Abdus-Salaam, J. (concurring).

The majority’s application of the workplace exception to the warrant requirement may be a well-intentioned effort to smooth the way for government employers to investigate time theft and other workplace misconduct. However, the majority’s decision has expanded this exception well beyond its intended scope, and has run afoul of the protections afforded by New York Constitution, article I, § 12 and the Fourth Amendment by infringing on a government employee’s “reasonable expectation of privacy” (Katz v United States, 389 US 347, 360 [1967, Harlan, J., concurring]).

I…