Saturday, October 18, 2014

"Cops Need a Warrant to Grab Your Cell Tower Data, Florida Court Rules"

WIRED's Kim Zetter:

The Florida Supreme Court ruled Thursday that obtaining cell phone location data to track a person’s location or movement in real time constitutes a Fourth Amendment search and therefore requires a court-ordered warrant.


The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written(.pdf), it would also cover the use of so-called “stingrays”—sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects—sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from “confidential” sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices.




The ruling constitutes the first time that a state court has reached this finding under the Fourth Amendment. It comes at a timely moment when federal courts of appeal in other jurisdictions are in the midst of taking up the question of cell tower data, Wessler told WIRED. Even if other jurisdictions rule differently, the Florida case makes it more likely that the issue will one day get to the U.S. Supreme Court.

Fourth Amendment | Permalink


Which street in Washington DC has the hookers? Is it C Street or K Street? I know that one is business and the other one is pleasure or that both mix the two. But, if we citizens had a stingray then we could see which Supreme Court Justices attend conferences with the hookers. Bring on the stingrays. Where do I get one? I want to get all the private information off the Smartphones owned by Dumbschmucks.

Posted by: BarkinDog | Oct 18, 2014 7:25:22 PM

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