Can Police Track Location Via Cell Phone Tower Records Without a Warrant?

[bushmaster1313]

According to this article, the Supreme Court will be hearing case about whether the Police need a warrant to obtain historical cell phone tower records which will enable them to tell where a person was at a particular time.

Justices to weigh cell phone privacy in landmark case | TheHill

The Police had a Court Order, which required a showing that the information would be useful in an investigation, but the Police did not have a warrant, which would have required probable cause.

IMHO, the case should come down against the convicted criminal under the age-old and very wise legal principle known as: "Too bad. So Sad."

 

[hardcase60]

Interesting article. What it doesn't address is the type of "court order" used to obtain the records. It also fails to mention if this was a federal or state court case. If it fell to the feds over the continuing criminal enterprise across state lines or whatever it's referred to now, then some federal prosecutor convinced an federal judge or magistrate to issue the order (most likely a Grand Jury Subpoena). While not carrying the probable cause burden of a search warrant there is a large amount of information which had to be provided to obtain one. In some instances I personally encountered federal magistrates who in fact did question an application to the extent I felt they wanted the same probable cause as required for a search warrant. Yes, "the age-old and very wise legal principle known as: "Too bad. So Sad." hopefully will apply but I ain't holding my breath. hardcase60

 

[kwselke]

Interesting legal concept, but you could also just turn your phone off when planning to rob the local Stop & Shoot.

 

[Ivan the Butcher]

I never did with my kids, but many parents track their children via cell phone location, will they have to get a warrant? I know the teenagers think so. This information can be tracked without a warrant, why would the transcripts of that info require one?

Ivan

 

[vonn]

Big brother is tracking us all the time in many ways that most of us don't even realize. Privacy is nonexistent if you use today's technology.

 

[oneounceload]

Interesting legal concept, but you could also just turn your phone off when planning to rob the local Stop & Shoot.

That does not always work. IIRC you have to either remove the battery or the SIM.

 

[NYlakesider]

That does not always work. IIRC you have to either remove the battery or the SIM.

Or put it in a small metal box!

 

[kwselke]

That does not always work. IIRC you have to either remove the battery or the SIM.

Would leaving it at home prove you were not at the scene of the crime?

 

[steelslaver]

All the signal proves is where the phone was. I can leave my phone in the wife's car, lend it out. what ever. They can track my phone all they want.

 

[okiegtrider]

I never did with my kids, but many parents track their children via cell phone location, will they have to get a warrant? I know the teenagers think so. This information can be tracked without a warrant, why would the transcripts of that info require one?

Ivan

Parents don't need warrants. Cops do. It's different.

 

[Eagle 477]

Please track my Phone, I have problems membering where I've been

Bob

 

[H Richard]

I turned off the "location" on mine because it sucked too much power from the battery. I think this makes it difficult to trace the location.

 

[LVSteve]

Interesting legal concept, but you could also just turn your phone off when planning to rob the local Stop & Shoot.

I read of an armed robbery case in the UK where the prosecution made it quite clear that the accused turning their phone off meant they were up to something.

 

[Rule3]

Well don't "smart criminals" use burner phones??

 

[NYlakesider]

I read of an armed robbery case in the UK where the prosecution made it quite clear that the accused turning their phone off meant they were up to something.

Well that prosecutor could have a field day with me I do not own a cell phone. No cell service in my area for many miles.

My wife has one but that will only effect me if were together in the car!

 

[GaryS]

Several cases have been adjudicated in state and various federal circuits. The federal cases have mostly held that a warrant is required, while a couple of states have said no warrant is needed.

Since the content of the calls has not been recorded, just the numbers, times, and locations, LE claims that this is a "pen register", not a wire tap. That claim has not flown in most of the federal courts.

It will be interesting to see what SCOTUS decides. Personally, I think it's a search and a warrant should be required. Similar to attaching a GPS device to a vehicle.

 

[kwselke]

The real issue is the need for a warrant. The data is out there if you use the technology. I find the technology is worthwhile for me. I also do not expect to be up to anything where my digital trail would be held against me.

 

[AZretired]

I never did with my kids, but many parents track their children via cell phone location, will they have to get a warrant? I know the teenagers think so. This information can be tracked without a warrant, why would the transcripts of that info require one?

Ivan

Simple, you own your child's phone, you can do whatever you want with your phone. Same as you can search their room, unless they pay rent, your house your rules. Children have no reasonable expectation of privacy in their room or their phone.

 

[LVSteve]

Simple, you own your child's phone, you can do whatever you want with your phone. Same as you can search their room, unless they pay rent, your house your rules. Children have no reasonable expectation of privacy in their room or their phone.

Give it time......

 

[GaryS]

You may not expect it, but you might somehow become the subject of an investigation. There are lawyers who will tell you that the average citizen commits three felonies a day unknowingly.

The framers of the Constitution put language in the Bill of Rights to act as restraints on the government. They had good reason to do that and I see no reason to doubt their wisdom.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Courts have, over the years, interpreted this to include phone calls and other electronic communications. That the data is out there does not mean that it's in the public domain. Land lines can be tapped as well, but for an agent of the government to do so requires a warrant.

The real issue is the need for a warrant. The data is out there if you use the technology. I find the technology is worthwhile for me. I also do not expect to be up to anything where my digital trail would be held against me.