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GPS Tracking in Supreme Court Case

Lawyers USA and LegalNews.com
November 28, 2011

After Jeff Nowak discussed the use of GPS tracking of FMLA leave abuse in a FMLA Insights blog post, he was quoted in an article published in Lawyers USA and LegalNews.com discussing the oral argument of a Supreme Court case questioning the limits of police officers’ use of GPS tracking of suspects’ movements.  “The justices seem to be grappling with the same kind of issues a judge is going to grapple with in reviewing [such searches] in an employment context…If you have the ability to track an individual 24 hours a day, that notion seems offensive to one’s expectation of privacy…The issue [is whether] employees, in their non-work time, have a legitimate expectation of privacy such that they can’t be tracked 24 hours a day.  And that is where we very well could get some guidance from the Supreme Court in their ruling here.”