Right now, it depends which part of New York you live in. In Westchester and Albany, the police do not need a warrant to place a GPS tracking device on your car, but in Nassau County they do. On March 24th, the New York Court of Appeals heard oral arguments (video here) in the case of People v. Weaver, which will probably lay out a uniform rule … [Read more...]
After Gant, Is New York’s Car Search Rule Stricter, More Lenient or Juuuust Right?
Last week, the Supreme Court announced the groundbreaking decision of Arizona v. Gant, significantly limiting the police's ability to conduct searches of automobiles "incident to a lawful arrest" without either a warrant or probable cause. Before the Gant case, however, New York courts have consistently interpreted the State Constitution much more … [Read more...]