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The Straight Story

(48,121 posts)
Tue Jul 30, 2013, 07:50 PM Jul 2013

Court says no warrant needed for cellphone info


HOUSTON (AP) — Authorities only need a court order and not a more stringent search warrant to obtain cellphone records that can be used to track a person's movements, a federal appeals court ruled on Tuesday.

The 5th U.S. Circuit Court of Appeals overturned an order by a Houston federal judge who had said cellphone data is constitutionally protected from intrusion and can only be acquired with a search warrant.

In 2011, U.S. District Judge Lynn Hughes had upheld a magistrate judge's 2010 ruling that had denied a request by federal authorities in three separate criminal investigations to compel cellphone companies to provide — without a search warrant — 60 days of records for several phones.

In overturning Hughes' order, the appeals court in New Orleans said such data is a business record that belongs to the cellphone provider. It also said its collection by authorities does not have to meet a probable cause standard as outlined under the Fourth Amendment, which protects against unlawful search and seizure and requires a search warrant.

http://bigstory.ap.org/article/court-says-no-warrant-needed-cellphone-info
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Court says no warrant needed for cellphone info (Original Post) The Straight Story Jul 2013 OP
Obviously every member of that appeals court is being blackmailed by Obama! randome Jul 2013 #1
Welcome to the age of technology... NewThinkingChance40 Jul 2013 #2
'The Royal Tenenbaums' comes to mind! randome Jul 2013 #5
Why wouldn't my partner...the cell phone company that I pipoman Jul 2013 #3
And here we go... Hydra Jul 2013 #4
Read my Signature Line, let me know if you agree. n-t Logical Jul 2013 #6
 

randome

(34,845 posts)
1. Obviously every member of that appeals court is being blackmailed by Obama!
Tue Jul 30, 2013, 07:56 PM
Jul 2013

[hr][font color="blue"][center]You should never stop having childhood dreams.[/center][/font][hr]

 
2. Welcome to the age of technology...
Tue Jul 30, 2013, 08:02 PM
Jul 2013

We no longer live in our own little private worlds. With so much technology available, it is too easy to track a persons every move. The story I am waiting for is the teen who sues their parents because the parents use the cell phone tracking info to see where the kids is at. This is a legal battle that will most likely go on for a while, and the outcome needs to be widely covered so that we the people know what exactly is going on.

 

randome

(34,845 posts)
5. 'The Royal Tenenbaums' comes to mind!
Tue Jul 30, 2013, 08:30 PM
Jul 2013

[hr][font color="blue"][center]Don't ever underestimate the long-term effects of a good night's sleep.[/center][/font][hr]

 

pipoman

(16,038 posts)
3. Why wouldn't my partner...the cell phone company that I
Tue Jul 30, 2013, 08:21 PM
Jul 2013

employ and pay, not require the government to provide a search warrant anyway? As part of my privacy agreement? They surely can't` compel the provider to turn over records without a warrant, just that if records are somehow accessed without a warrant or freely given by the provider, they will still be legit for use..

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