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Privacy

Court of Appeals of South Carolina
Uncategorized

State v. Eberhart — GPS Data from Private Bond Company Requires Warrant; Admission Harmless

The South Carolina Court of Appeals held that a criminal defendant wearing a private bond company’s GPS ankle monitor retains a reasonable expectation of privacy in that location data under the Fourth Amendment and Article I, Section 10 of the South Carolina Constitution, requiring a warrant; though the trial court erred in admitting the warrantlessly obtained GPS data, the error was harmless given the victim’s in-court identification, the stolen moped evidence, and the victim’s debit card found on the defendant at arrest.

Appellate Division, First Department
Uncategorized

Taslakian v. Taslakian — First Dept. Holds Audio Recordings Not Covered by NYC Intimate Image Law; GMVA Claims Require Gender Animus, Not Just Abuse

The First Department dismissed gender-motivated violence and intimate-recording claims in a divorce action, holding that the NYC Gender-Motivated Violence Protection Act requires allegations of gender-based animus beyond possessive or jealous conduct, and that both NYC Administrative Code § 10-180 and Civil Rights Law § 52-b apply only to visual depictions — not audio recordings.

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