General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCourt 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
randome
(34,845 posts)[hr][font color="blue"][center]You should never stop having childhood dreams.[/center][/font][hr]
NewThinkingChance40
(289 posts)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)[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)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..
Hydra
(14,459 posts)Should be an interesting trip the supreme court.