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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: 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.

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