Make us your home page
Instagram

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

Court rules warrant needed for cell tower tracking

MIAMI — Investigators must obtain a search warrant from a judge to obtain cellphone tower tracking data that is widely used as evidence to show suspects were in the vicinity of a crime, a federal appeals court ruled Wednesday.

In the first ruling of its kind nationally, a three-judge panel of the 11th U.S. Circuit Court of Appeals said people have an expectation of privacy in their movements and that the cell tower data was part of that. As such, obtaining the records without a search warrant is a violation of the Fourth Amendment's ban on unreasonable searches and seizures, the judges ruled.

"While committing a crime is certainly not within a legitimate expectation of privacy, if the cell site location data could place him near those scenes, it could place him near any other scene," the judges wrote. "There is a reasonable privacy interest in being near the home of a lover, or a dispensary of medication, or a place of worship, or a house of ill repute."

The ruling does not block investigators from obtaining the records. It simply requires a higher legal showing of probable cause that a crime is or was being committed to obtain a search warrant rather than a less-strict court order.

"The court soundly repudiates the government's argument that merely by using a cellphone, people somehow surrender their privacy rights," ACLU attorney Nathan Freed Wessler said.

Court rules warrant needed for cell tower tracking 06/11/14 [Last modified: Wednesday, June 11, 2014 10:50pm]
Photo reprints | Article reprints

Copyright: For copyright information, please check with the distributor of this item, Associated Press.
    

Join the discussion: Click to view comments, add yours

Loading...
  1. Nearly 1 in 4 Tampa Bay homeowners considered equity rich

    Real Estate

    If your home is worth at least 50 percent more than you owe, you're rich — equity rich that is.

    About one in four Tampa Bay homeowners are considered "equity rich." [Associated Press file photo]
  2. Trump strategist Steve Bannon: No military solution in North Korea

    National

    BRIDGEWATER, N.J. — President Donald Trump's chief strategist Steve Bannon says there's no military solution to the threat posed by North Korea and its nuclear ambitions, despite the president's recent pledge to answer further aggression with "fire and fury."

    Steve Bannon, chief White House strategist to President Donald Trump, has drawn fire from some of Trump's closest advisers. [Associated Press]
  3. Rays have their chances, but end up with another loss (w/video)

    The Heater

    TORONTO — The litany of games the Rays have given away this season is long enough, arguably too lengthy. So the only way to get to the postseason is make up for some of those losses by grabbing some wins when the opportunity is presented, especially at this time of year when the margin is diminished and the stakes …

    Associated Press
  4. Dunedin man accused of possessing child pornography

    Crime

    DUNEDIN — A 57-year-old man was arrested Wednesday, accused of intentionally downloading child pornography, the Pinellas County Sheriff's Office said.

    Richard Beal Anger, 57, of Dunedin faces 11 counts of possession of child pornography. [Courtesy of the Pinellas County Sheriff's Office]
  5. Pence cuts short Latin America trip and pressures Chile to sever all ties to North Korea

    Politics

    SANTIAGO, Chile — Vice President Mike Pence is cutting short his Latin America trip by one day to return to Washington for a strategy meeting Friday at Camp David with President Donald Trump and the national security team.

    Vice President Mike Pence urged Chilean President Michelle Bachelet to take a tougher stand against North Korea on Wednesday in Santiago, Chile.