Practice Area: Criminal Defense
Outcome: judgment reversed
Description: The Appellate Division had rendered a decision finding that no warrant was required for the police to attach a GPS device to a man's car to watch his movements 24/7. As Amicus Curiae Chair of a bar association, Mr. Willstatter recruited authors to brief this issue in the New York State Court of Appeals. We argued that the New York State Constitution requires a police officer to seek a warrant from a judge before conducting such intrusive surveillance. In the most important search and seizure decision in years, Chief Judge Jonathan Lippman wrote a decision for the majority of the Court that is well worth reading and is available on the Court's website, http://www.nycourts.gov/ctapps/decisions/2009/may09/53opn09.pdf.