ALBANY (AP) - New York's top court is considering whether police violated the state constitution when they attached a global positioning tracker to a suspect's vehicle without a court warrant.

Scott Weaver, convicted of burglary in part on the GPS data, says his rights against unreasonable searches were violated. State police tracked his van to the parking lot of a suburban Albany department store that was later burglarized.

While a midlevel court says the device provided essentially the same information as constant visual surveillance, a dissenting justice says citizens have a reasonable expectation that their every move won't be monitored by a technical device without their knowledge.

Lawyers argued the case before the Court of Appeals Tuesday.