Law enforcement agencies across the country are gathering information from suspects’ cell phones without warrants. They may not be reading your text messages or viewing your call list, but they are tracking your locations. A U.S. Appeals Court ruled this week that the Justice Department must tell the public how it is using this information in some cases.
The scope of this ruling isn’t very large as it only applies to some cases. However, the hope is that it will open the door to future similar rulings, siding with privacy rights over law enforcement interests.
The ACLU has claimed victory with this ruling, though it’s only one of several in the courts now addressing similar situations, where technology and civil liberties intersect.
Prosecutors and law enforcement have been getting judge approval, but no warrant, in order to get GPS information from cell phone companies on the location of suspects. This is helping them track down suspects, though in what kind of cases and how often such tactics are being used is still in question.
The ruling will require the Department of Justice to reveal cases where such information was used and it resulted in a conviction. It doesn’t apply where the case is sealed or if it ended in a dismissal or acquittal. Mainly the ruling will shed light on a questionable practice, allowing us to see just how law enforcement may be using the data, data many people likely think is only available with a warrant.
The scope doesn’t cover those cases that didn’t end in conviction because of privacy rights, according to the appeals court. These cases, where there was no conviction, were sent back to the lower courts “for more proceedings to determine the extent of those cases,” according to Reuters.
The Justice Department may appeal this decision to the full court of appeals or to the Supreme Court, who has already decided to hear a similar case regarding the use of warrants in attaching GPS units to vehicles.
At the federal level there are some 255 cases that have been identified as using cell phone GPS information without a warrant. It isn’t clear if such tactics are being used by local law enforcement as well.
As citizens of the United States, we have an expectation that our privacy and our rights will be protected. Technology like GPS and cell phones has raised new questions about where to draw these lines. As we see these cases move through the courts, it will be interesting to watch if the courts side with the rights of the people or the ever encroaching reach of the system.
If you are facing criminal charges and have questions about the evidence against you, the legality of the search, or the constitutionality of your arrest, get in touch with a local defense lawyer today.
About David Matson