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NY top court considers GPS tracker on state worker's car

ALBANY (AP) -- New York's top court is set to hear arguments in a New York Civil Liberties Union lawsuit filed on behalf of a state labor department worker who was fired after investigators used a GPS device to track his car and show he falsified time sheets.
 
Since that 2008 investigation, the court has struck down the state police use of GPS to track suspects unless officers get a warrant. That ruling overturned two lower court decisions.
 
The pending lawsuit claims use of the electronic device on Michael Cunningham's personal car was unconstitutional and too intrusive to be justified by the limited warrant exception for searches of government employees.
 
A divided midlevel court denied his request to suppress the GPS evidence.
 
The Court of Appeals will hear the case Wednesday.

   AP-WF-05-29-13 0706GMT
 
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