Federal Judge Finds Warrantless Cell Phone Tracking Unconstitutionalby Catherine Crump, Speech, Privacy and Technology Project
Nov. 07, 2010
1.Trump is Right: GOP Debate Audience is Packed Full of Republican Donors
2.Making InformationLiberation Great Again!
3.Miami Police Retaliate Against Female Driver Who Filmed Herself Pulling Over Cop
4.Texas Appeals Court Slams Forced DUI Blood Draw
5.Paul Joseph Watson And Stefan Molyneux On The Real Agenda Behind The Migrant Crisis
6.'Multicultural Toilets' For 'Global Defecation' Seek to Stop Migrants Pooping On The Floor
7.22 Signs That The Global Economic Turmoil We Have Seen So Far in 2016 Is Just The Beginning
8.Crewe Residents Accuse Police and School of Covering Up Abuse, Rape Threats by Migrant Kids
9.Code 291: Swedish Police Cover-Up Thousands of Crimes Involving "Refugees"
10.The American Dream Is Dead, and Now Even The Mainstream Media Is Starting to Admit It
In August, we blogged about a court decision from the federal court in the Eastern District of New York that held that law enforcement agents are constitutionally obligated to get a warrant based on probable cause before obtaining historical cell phone location information. And in September, we wrote about an opinion from the 3rd Circuit Court of Appeals holding that judges may order the government to get a warrant based on probable cause for historical cell phone location information. However, the 3rd Circuit also held that judges are not obligated to require probable cause, and cautioned that they should only require the government to meet this high standard on rare occasions. Now another court has joined the fray. In a detailed opinion (PDF) citing documents obtained through litigation by the ACLU and Electronic Frontier Foundation, Judge Stephen Smith of the Southern District of Texas held that “warrantless disclosure of cell site data violates the Fourth Amendment.”
A few aspects of the opinion (PDF) are worth noting: