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CA3 remands cell phone tracking case for further fact finding, and the USMJ can require a showing of PC for tracking information

By John Wesley Hall, Jr.

The Third Circuit today held that the government need not always show probable cause for a tracking order of a cell phone, but because cell phones provide detailed location, the USMJ can require the government to show probable cause for that information. The case is remanded to the USMJ for further fact finding. This was based on an ex parte application of the government, and EFF participated in the case as amicus, and their brief was important to the decision. In the Matter of the Application Of the United States of America For an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, 08-4227 (3d Cir. September 7, 2010): The Government vigorously objects to treating CSLI from cell phone calls as information from a tracking device...continue to full post

Full post as published by Fourth Amendment on September 08, 2010 (boomark / email).