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johngaltfla.com | NY appeals court approves GPS tracking of employee

What’s next? They have the right to put a black bag over your head and beat you senseless because you were overheard saying something bad about your boss? Perhaps Creedy will oversee your interrogation and get a few hits on your knees and elbows with a steel pipe to beat a confession out of you.

From the article:

In a 3-2 decision issued on Wednesday, the Appellate Division, Third Department, dismissed claims by Michael Cunningham, a former Labor Department employee who was fired for misconduct, that the use of the GPS device constituted illegal search and seizure.

The department fired Cunningham, who was first hired in 1980, last year, relying on GPS data to show he had submitted false expense sheets and other travel records. Cunningham sued, claiming the data should have been suppressed at his termination hearing. He demanded a new termination hearing, but not reinstatement.

The court ruled that because the device was only monitored by an investigator during work hours, its use was constitutional.

“To establish a pattern of serious misconduct, it was necessary to obtain pertinent and credible information over a period of time,” Justice John Lahtinen wrote for the majority.

In dissent, Justice Edward Spain argued that while the use of a GPS device to track employees suspected of misconduct is reasonable during work hours, the scope of the use in Cunningham’s case — which included tracking him during a week-long family vacation — was unconstitutional.

“(The Labor Department’s) valid interest in (Cunningham’s) whereabouts extended only to the hours of his workday, yet the device placed on (his) personal vehicle collected data 24 hours a day, seven days a week,” Spain wrote.

I guess you’ll soon have to start bleeding daily into a remote control testing unit as well as urinating into a special cup to bring to work for testing.

Amerika, meet the police state of New York.

If you live there, I would suggest you flee now to freedom.

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