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I almost missed this article, but luckily I found out about it thanks to one of my favorite bloggers, Kashmir Hill.  Essentially, an estranged wife hired a private investigator to keep tabs on her husband.  Because the PI had problems finding the man, he suggested that she place a GPS device in the husband’s car.  Husband caught leaving driveway with another woman.  Husband sues for invasion of privacy.

Appellate Judge Joseph Lisa, Jack Sabatino and Carmen Alvarez said Villanova had no right to expect privacy because the GPS tracked his movements on public streets.

“There is no direct evidence in this record to establish that during the approximately 40 days the GPS was in the … glove compartment the device captured a movement of plaintiff into a secluded location that was not in public view, and, if so, that such information was passed along by Mrs. Villanova to (Leonard),” Lisa wrote.

So essentially this opinion came down to the now-ex husband being in public places.  Kash raised the question of whether the fact that there is no expectation of privacy in marriage should have been a part of the decision.  That’s a good question, which I haven’t given much though.

Source: NJ.com