Posted on 05/05/2015 6:55:40 PM PDT by Utilizer
MIAMI (AP) – Investigators do not need a search warrant to obtain cellphone tower location records in criminal prosecutions, a federal appeals court ruled Tuesday in a closely-watched case involving the rules for changing technology.
The Atlanta-based 11th U.S. Circuit Court of Appeals, overturning a three-judge panel of the same court, concluded that authorities properly got 67 days’ worth of records from MetroPCS for Miami robbery suspect Quartavious Davis using a court order with a lower burden of proof.
In its 9-2 decision, the 11th Circuit decided Davis had no expectation of privacy regarding historical records establishing his location near certain cellphone towers. The records were key evidence used to convict Davis of a string of armed robberies, leading to a 162-year prison sentence.
In fact, Circuit Judge Frank M. Hull wrote for the majority, it’s clear that cellphone users in today’s society understand how companies collect data about calls and that cell towers are a key part of that.
(Excerpt) Read more at sacramento.cbslocal.com ...
Just because you're paranoid...
Doesn't mean they're not out to get you.
“If you’re not doing anything wrong you have nothing to worry about. You won’t mind if we have a look around right?” -Government
Don’t have one.......
Gee, what Constitution. We don’t need no stinking Constitution.
it’s clear that cellphone users in today’s society understand how companies collect data about calls —
Quartavious Davis didn’t.
Except for FreeRepublic I am a Luddite.
It has nothing to do with location. It has everything to do with privacy in who you talk to on the phone.
Law enforcement is regularly ready to push the Fourth Amendment limits by ignoring the warrant requirement. They would rather ignore the law and take their chances on losing in Court or maybe even scoring a big win precedent like this one. The government is always ready to pay legal costs to defend their freedom violating actions.
Theres a reasonable shot SCOTUS will overrule 5-4
A stainless martini shaker works well...
You don’t own the cellphone tower, nor do you own the cellphone company location records. I don’t see the problem here.
L
So the announcement of implied corporate contracts is now the de facto legalization of the government abuse of them?
Sounds like a big win for Facebook users - what could possibly go wrong?
This is modern judicial “conservatism”. It is just as bad as “libtardism”. At least the Libtards make a little effort at pretending there’s a 4th Amendment.
Ever heard of the Fourth Amendment?
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