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E.D.N.Y.: Using cell phone as a tracking device requires PC under Fourth Amendment

By John Wesley Hall, Jr.

In a fascinating opinion, a USMJ issues an order (free copy here in a blog) that probable cause must be show for tracking information from a cell phone. The order shows how the legal landscape has changed in recent years. In re an in re The United States for an Order Authorizing the Release of Historical Cell-Site Info., 2010 U.S. Dist. LEXIS 88781 (E.D. N.Y. August 27, 2010): The United States seeks an order pursuant to 18 U.S.C. § 2703(c)-(d) (the "Stored Communications Act" or "SCA"), directing Sprint Nextel to disclose, with respect to all calls and text messages to and from a certain mobile telephone over a period of 58 days, all "recorded information identifying the base station towers and sectors that received transmissions from" that telephone...continue to full post

Full post as published by Fourth Amendment on September 01, 2010 (boomark / email).