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posted by takyon on Thursday August 06 2015, @12:27PM   Printer-friendly
from the let-it-stand dept.

The United State Court of Appeals for the Fourth Circuit has ruled that a "probable cause" warrant is required before law enforcement can obtain cellular location records for an individual. Two thieves in Baltimore were identified when their locations were correlated with robberies near Baltimore. Their conviction will be allowed to stand, as law enforcement had a good-faith belief that the technique was permissible at the time, but future investigations will be subject to the ruling. The US 4th Circuit is a Federal court that handles appeals from the states of Maryland, North and South Carolina, Virginia, and West Virginia. The ruling does not apply in other districts, which so far have ruled against the requirement, but could allow cases in other states to reach the Supreme Court.

Ars Technica coverage:
http://arstechnica.com/tech-policy/2015/08/warrant-required-for-mobile-phone-location-tracking-us-appeals-court-rules/

Link to the ruling, in PDF form:
http://www.ca4.uscourts.gov/Opinions/Published/124659.P.pdf


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  • (Score: 3, Insightful) by deimtee on Thursday August 06 2015, @01:29PM

    by deimtee (3272) on Thursday August 06 2015, @01:29PM (#219068) Journal

    Meanwhile, it's not all that difficult for the cops to just "get a warrant".

    Warrents are supposed to be to search a particular place(s) for a particular thing(s), and supported by probable cause.
    It inherently violates the the fourth amendment to get a general search order for everything in the vicinity.

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  • (Score: 2) by Runaway1956 on Thursday August 06 2015, @01:58PM

    by Runaway1956 (2926) Subscriber Badge on Thursday August 06 2015, @01:58PM (#219075) Journal

    Yes, good point. But, I can understand that the odd character, now and then, might be inherently dangerous, and possess all sorts of valuable data that the government needs. Government has reasonably required that a warrant be obtained before tapping a telephone line. Want to put a dangerous character under surveillance? There should be some acceptable procedure for getting a warrant. That isn't carte blanche to put all his relatives, busniness associates, drinking buddies, and everyone he might meet on the street all under surveillance. It's alright to watch HIM, after obtaining a warrant.

    And, judges shouldn't just rubber stamp the damned things either.

  • (Score: 2) by Thexalon on Thursday August 06 2015, @02:31PM

    by Thexalon (636) on Thursday August 06 2015, @02:31PM (#219091)

    The "particular thing(s)" is a bit fuzzy: If the officer enters a home to look for a gun that they believe was used in an armed robbery, and they happen to see several kilos of cocaine, then they legally can and probably will bust the homeowner for the cocaine regardless of whether the gun was found. Also, if they've busted somebody with other evidence for committing a crime (e.g. they have someone on video, and catch them on the street), obtaining a search warrant for that person's home can be very straightforward, and mostly a matter of looking for "tools associated with the crime".

    Moral of the story: Don't be roommates with somebody who is doing something very very illegal.

    --
    The only thing that stops a bad guy with a compiler is a good guy with a compiler.
    • (Score: 2) by tathra on Thursday August 06 2015, @06:44PM

      by tathra (3367) on Thursday August 06 2015, @06:44PM (#219201)

      "drugs" have been the #1 reason for shredding the constitution for more than 40 years, ever since the creation of the DEA. thankfully there is a relatively recent precedent [jones-mayer.com] that confirms that general warrants are still unconstitutional and illegal, and police acting on them lose their qualified immunity. warrants must specifically list the items for which they are searching, period. if police act on an unconstitutional warrant (if it has the words "all" or "any" or similar words anywhere on it) or take more than is specifically listed on the warrant, you sue the fuck out of them and the linked precedent ensures your win.

      • (Score: 3, Insightful) by tathra on Thursday August 06 2015, @06:53PM

        by tathra (3367) on Thursday August 06 2015, @06:53PM (#219208)

        mother fuck, correction, a more recent precedent [armsandthelaw.com] on that case from SCOTUS states that willful ignorance of the police ensures they can shred the constitution as much as they want:

        The majority rules that a reasonable officer would not have realized that it was a constitutional violation (assuming that it was indeed such), and qualified immunity applies.

        how the fuck could anyone not realize that general warrants are unconstitutional? the 4th clearly states:

        Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

        ignorance of the law is no excuse for civilians, but if you're a fucking pig, you can do whatever the fuck you want and get away with it. disgusting, i am utterly appalled. the supreme court should be indicted for treason for this constitution-shattering ruling.

        • (Score: 2) by PinkyGigglebrain on Friday August 07 2015, @06:57AM

          by PinkyGigglebrain (4458) on Friday August 07 2015, @06:57AM (#219457)

          They have the guns, "The rule of Law" and years of conditioning the public into thinking they are sheep.

          They can do whatever the fuck they want.

          --
          "Beware those who would deny you Knowledge, For in their hearts they dream themselves your Master."