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DMV officer sues over tracking device

Friday, February 3, 2012
(Updated 5:29 am)

— A high-ranking law enforcement officer in the state Division of Motor Vehicles says his superiors planted a hidden tracking device in his state-issued car in hopes of finding something to use against him in a long-running personnel dispute.

Michael Weaks, a supervisor in the License and Theft Bureau, made the accusation in a lawsuit filed Thursday in Wake County Superior Court. The suit contends DMV Commissioner Mike Robertson and at least two other top officials in the division were part of a conspiracy to discredit him.

The complaint alleges installing the global positioning system device was a violation of the state's constitutional protection against warrantless searches. It comes less than two weeks after the U.S. Supreme Court unanimously ruled that police violated the U.S. Constitution when they hid a GPS device on a suspect's car without a warrant authorizing it and tracked the car for 28 days.

"What stands out here is the breach of trust," said Michael C. Byrne of Raleigh, who is Weaks' attorney. "For people who risk their lives on a regular basis to protect us, to have their own senior management hiding a tracking device in their vehicle for no legitimate reason is a pretty sad occurrence."

A spokeswoman for the DMV said the division would have no comment on the lawsuit.

Weaks says the bug was hidden in the car's trunk during an elaborate ruse.

According to his lawsuit, Weaks was leaving the DMV headquarters in Raleigh last April when he noticed one of the tires in his state car was flat. He and others began changing the tire and then License and Theft Bureau Director Jack D. Coltrane came along and told Weaks not to bother because he would get dirty.

When Weaks said he was already doing it, Coltrane invited him upstairs where some food was available, adding that other DMV workers would change the tire for him, the lawsuit says. Weaks agreed and spent about an hour away from the car, he says.

That's when Weaks believes the GPS was planted in the trunk, where it stayed for nine months until he discovered it in January. Weaks was permitted to drive the car to his home in Forsyth County.

Weaks' lawsuit contends that he is not suspected of any criminal activity and he hasn't done anything that would prompt a law enforcement agency to investigate him. He says the GPS was planted "to secretly obtain information about the plaintiff's movements and whereabouts in order to attack plaintiff's job performance or conduct."

A longtime employee with the division, Weaks has had run-ins with management in recent years, the lawsuit says. He filed a discrimination lawsuit in federal court, which was resolved in the state's favor. Weaks also says he refused to approve a career employee's dismissal, and that further irritated some in management.

Along with Robertson and Coltrane, the lawsuit alleges DMV Assistant Commissioner Ronald Kaylor was also involved in the decision to track Weaks' movements.

Accompanying Photos

Comments

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Tractor57

February 3, 2012 - 7:32 am EST

Two comments:
First he was driving a car furnished by his employer (in this case the state) which could impact his rights.
Second it seems to be a rather complicated ruse that is proposed.

If it was his personal car and not one provided by the employer (in this case the state) I would look more favorably on his claims.

polaroid

February 3, 2012 - 8:02 am EST

There is no Fourth Amendment violation when the device is placed in a vehicle provided by your employer. A search warrant would be required if the vehicle is your property or that of a third party.

Copper1

February 3, 2012 - 8:16 am EST

How is this any different from a private employer placing a GPS unit on a company owned vechicle? He doesn't owned the car, nor does he paid for the fuel to carry his bones around. He needs to learn to work and stop trying to hide forty hours a week!!!

balance

February 3, 2012 - 8:44 am EST

Because state employees have constitutional protections; private employees don't. But, being a state vehicle, I see no violation. What is a violation, it seems to me, is a right to equal protection. Being singled out for scrutiny with no justification is not constitutional.

balance

February 3, 2012 - 8:46 am EST

Ridiculous assumptions you are making.

unbiased

February 3, 2012 - 8:29 am EST

This is very simple - an employee has no reasonable expectation of privacy under the 4th Amendment concerning the movements of a company or gov't issued vehicle. Many large law enforcement agencies around the country, including Greensboro PD, have GPS installed on fleet vehicles as well as the removable laptops that patrol officers use. It's a safety precaution, but also forces employees to be accountable for their whereabouts.

justified

February 3, 2012 - 8:50 am EST

Many companies have GPS installed in their company vehicles.
They also have GPS in company owned cell phones.
My employer requires me to carry my cell phone 24 hours a day when I'm on call.
Beware big brother is watching you.

Longview1

February 3, 2012 - 8:59 am EST

So how does a DMV employee "risk his life in the line of duty"?

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