Legal News

Court Rules for Warrantless Use of Cell Phone Location Data
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Friday, in a blow to privacy activists, U.S. District Judge Ellen Segal Huvelle ruled during a retrial that in a specific case, prosecutors did not infringe the law by collecting cell phone data of the location of an accused with court approval but without a warrant.

The judge held that the prosecutors had acted in good faith, and that courts in the past have permitted law enforcement officials to review historical cell-phone data through a court order, but without accompanying warrant, and that in such cases there was no reasonable expectation of privacy.

In the instant case, Antoine Jones was found guilty in January 2008 of conspiring to distribute cocaine. Law enforcement officers used a GPS device to track the movements of his car during the investigation.

  
What
Where


However, in January 2012, the Supreme Court ruled that placing a GPS device on the car of Jones without a warrant violated the Fourth Amendment rights of protections against unreasonable search and seizure.

The Supreme Court ordered a retrial.

During the retrial, prosecutors used the records of cell towers to which Jones’s cell phone had been connected to at the beginning and end of each call he made. The records were obtained through a court order made in 2005.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




In March, Jones’s lawyers filed a motion arguing that obtaining the cell-phone data without a warrant violated the Fourth Amendment. However, Judge Huvelle noted that the court did not require to decide whether the state had violated the Fourth Amendment, as the nature of the law was unsettled in 2005, and agents had reason to believe that they were not committing any violation.

Possibly, this is not a broad interpretation of the law, but should be confined to the instant case, as it decided on an event that happened much before the Supreme Court spelled out the law in the matter.





 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business

USA-VA-McLean

McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Employment Attorney with 3+ years of wage and hour litigation experience

USA-CA-Los Angeles

Los Angeles office of our client seeks employment attorney with 3+ years of experience in wage and h...

Apply Now

Commercial Litigation Attorney with some experience

USA-NJ-Marlton

Marlton office of our client seeks commercial litigation attorney with experience. A prior judicial ...

Apply Now

RELEVANT JOBS

Corporate / Commercial Attorney | Lebanon, NH

USA-NH-Lebanon

Downs Rachlin Martin PLLC seeks an experienced corporate / commercial attorney to join its Lebanon o...

Apply now

Business Law Junior Associate | Burlington, VT

USA-VT-Burlington

Downs Rachlin Martin seeks associate attorney with 1-3 years of experience to join its Commercial an...

Apply now

Business Law Associate | Burlington

USA-VT-Burlington

Downs Rachlin Martin is seeking an attorney with 4 to 8 years of experience to join its very busy pr...

Apply now

Trademark & Business Law Associate | Burlington, Vermont

USA-VT-Burlington

Downs Rachlin Martin PLLC (DRM) is seeking an Associate attorney with 1-3 years of trademark and tra...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top