No Warrant Needed For Cellphone Location Data

Posted by HardOCP News 2:52 PM (CDT)

Tuesday May 31, 2016

The U.S. Circuit Court of Appeals has overturned a ruling from 2015 requiring a warrant for cellphone location data. The court said that obtaining cell-site information did not violate the Fourth Amendment because cellphone users know they are being tracked by their carriers.

Police do not need a warrant to obtain a person's cellphone location data held by wireless carriers, a U.S. appeals court ruled on Tuesday, dealing a setback to privacy advocates. The full 4th U.S. Circuit Court of Appeals in Richmond, Virginia, voted 12-3 that the government can get the information under a decades-old legal theory that it had already been disclosed to a third party, in this case a telephone company.