PEOPLE v. WEAVER


12 N.Y.3d 433 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT C. WEAVER, Appellant.

Court of Appeals of New York.

Decided May 12, 2009.


Attorney(s) appearing for the Case

Smith Hernandez LLC, Troy (Trey Smith and Matthew C. Hug of counsel), for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Moskowitz, Book & Walsh, LLP, New York City (Susan J. Walsh of counsel), Norman L. Reimer, Washington, D.C., Ivan J. Dominguez, Green & Willstatter, White Plains (Richard D. Willstatter of counsel), Lee Tien, San Francisco, California, Rajdeep Singh Jolly, Washington, D.C., Alfred O'Connor, Albany, Arnold & Porter LLP, Washington, D.C. (Stephen M. Sacks of counsel), Abed A. Ayoub, and Nadhira F. Al-Khalili for National Association of Criminal Defense Lawyers and others, amici curiae.

Christopher Dunn, New York City, Arthur Eisenberg and Palyn Hung for New York Civil Liberties Union, amicus curiae.

Judges CIPARICK, PIGOTT and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion in which Judges GRAFFEO and READ concur; Judge READ dissents in another opinion in which Judge GRAFFEO concurs.


OPINION OF THE COURT

Chief Judge LIPPMAN.

In the early morning hours of December 21, 2005, a State Police Investigator crept underneath defendant's street-parked van and placed a global positioning system (GPS) tracking device inside the bumper. The device remained in place for 65 days, constantly monitoring the position of the van. This nonstop surveillance was conducted without a warrant.

The GPS device, known as a "Q-ball," once attached to the...

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