Monday, July 22, 2013
The New Jersey Supreme Court [official website] ruled [opinion, PDF] Thursday that police must obtain search warrants before obtaining tracking information from cell phone providers. The unanimous ruling marks the first time a state supreme court has recognized aFourth Amendment [Cornell LII backgrounder] protection for cell phone location data. In the decision, Chief Justice Stuart Rabner noted that cellphone tracking technology has the potential to violate a person's privacy rights and must be subject to judicial review. Rabner also noted that no warrants will be required in emergency situations.