Casey Seller reports:
The state Court of Appeals has decided that the attachment of a GPS device on the personal vehicle of Michael Cunningham, a Department of Labor employee suspected of padding his time reports, was “unreasonable” in its scope. The use of the GPS device in the state Inspector General’s probe, the court concludes, crossed a line when it extended beyond the workday, when Cunningham used his car for official business.
While the decision to reverse a lower court’s action was unanimous, the judges split 4-3 on the question of whether the state could use such a device to track an employee during work hours.
Read more on Capitol Confidential.
Update: Orin Kerr comments on the decision on The Volokh Conspiracy.