On May 12, 2009, the Court of Appeals issued People v. Weaver, 2009 NY Slip Op 03762. This article provides a brief summary of the opinion and goes on to discuss some of the concerns it raises with respect to its effects on law enforcement.
On Christmas Eve 2005, Scott Weaver, John Chiera and Amber Roche drove through a Kmart parking lot in Latham, N.Y., in order to find the best place to break into the store. The three returned to Roche’s apartment, and Weaver and Chiera left the apartment later in the evening dressed in dark clothing. When they returned, Chiera’s hand was bleeding. Police later discovered that a jewelry case was smashed inside the Kmart, and Chiera’s blood was found on the smashed case. What Weaver did not know was that police had magnetically attached a GPS device to his car three days earlier.
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