Feds push for tracking cell phones

Combine warrantless cell phone tracking with the increasing interest in “bystander accomplice laws”  and we can see some very unpleasant consequences for simply being in the wrong place at the wrong time, regardless whether you actually committed or witnessed anything…

In addition to a search warrant not being necessary, prosecutors said, because location “records provide only a very general indication of a user’s whereabouts at certain times in the past, the requested cell-site records do not implicate a Fourth Amendment privacy interest.”

The Obama administration is not alone in making this argument. U.S. District Judge William Pauley, a Clinton appointee in New York, wrote in a 2009 opinion that a defendant in a drug trafficking case, Jose Navas, “did not have a legitimate expectation of privacy in the cell phone” location. That’s because Navas only used the cell phone “on public thoroughfares en route from California to New York” and “if Navas intended to keep the cell phone’s location private, he simply could have turned it off.”

“The biggest issue at stake is whether or not courts are going to accept the government’s minimal view of what is protected by the Fourth Amendment,” says EFF’s Bankston. “The government is arguing that based on precedents from the 1970s, any record held by a third party about us, no matter how invasively collected, is not protected by the Fourth Amendment.”

via Feds push for tracking cell phones | Politics and Law – CNET News.

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One Response to Feds push for tracking cell phones

  1. christine says:

    This is most disturbing to me as a US citizen..It seems like the constitution and it Amendments never stop shrinking in value. Let me add here. It really just depends on what Judge you recieve in court and what side of the bed they woke up on. Better yet, the judges own agenda comes first.

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