Sunday, June 15, 2014

Federal Appeals Court Strikes Down Warrantless Cellphone Tracking


A federal court ruled for the first time that cell phone location data enjoys the same reasonable expectation of privacy under the Fourth Amendment as other information already included under that provision of the Bill of Rights.

On June 11 the 11th Circuit Court of Appeals held in the case of U.S. v. Davis that although the defendant, Quartavious Davis, will still be subject to nearly the entire 162-year sentence imposed by a lower court, the evidence against him that was obtained from a warrantless search of his cellphone location data was invalid as it violated the rights guaranteed by the Fourth Amendment.

“In short, we hold that cell site location information is within the subscriber’s reasonable expectation of privacy. The obtaining of that data without a warrant is a Fourth Amendment violation,” the decision reads.

The information obtained by law enforcement from the cellular service provider includes a record of the calls made by the customer, the location of the cell tower that carried the call to or from the customer, and the direction of the customer’s location from the nearest cell tower.
Read more http://rinf.com/alt-news/surveillance-big-brother/federal-appeals-court-strikes-warrantless-cellphone-tracking/

No comments:

Post a Comment