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| (Photo: Runs With Scissors; Edited: JR / TO) |
Should police and the government be able to track you by your cell phone GPS without obtaining a search warrant? A federal appeals court appears to believe so, and recently ruled that tracking suspected criminals by their cell phones is similar to tailing their car or tracking their scent with police dogs.
Civil liberties groups say the broad ruling, handed down by the Sixth Circuit Court of Appeals in Ohio, could have sweeping impacts on the Fourth Amendment privacy rights of the innocent as well as those suspected of crimes.
The case involves alleged marijuana trafficker Melvin Skinner, who was busted with 1,100 pounds of pot after a complicated Drug Enforcement Administration (DEA) investigation that involved tracking Skinner's movements by his prepaid cell phone for three days. To track Skinner, the DEA obtained various forms of cell phone data, including cell site information, GPS real-time location data and "ping" data.
Agents gathered Skinner's cell phone information and tracked him without a search warrant and instead obtained a court order that did not meet the probable cause standard of most search warrants. The American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) filed briefs in similar cases arguing that warrantless cell phone tracking and data access violates the Fourth Amendment, which protects citizens against unreasonable search and seizure without probable cause.
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