No Warrant Needed for Cell Site Data, Fifth Circuit Says

, The National Law Journal


Legal authorities do not need a warrant to obtain records detailing a cellphone's location, a federal appeals court in New Orleans has ruled, overturning a trial judge who said subscribers enjoy a Fourth Amendment privacy interest in the data.

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What's being said

  • Rjack

    Its about time!!! Today, a cell phone is everything to people. They not only use smart phones to make calls but also as their "Roledex", their mobile data storage device, their mobile computer, video camera etc.... As a result of the many applications for these phones, they have become a prime target for thieves and robbers. So, when such a theft takes place, the hands of the police are tied to having to get a warrant to get that information by drafting the paperwork and then finding a judge at 11 PM, 1 AM, or even 3 AM. Yeah!!!! Good luck with that!!!! By the time the police actually do get the warrant the thieves have already did the "Jailhouse" number on the phone by removing the "SIM Card". To replace it with a SIM Card from another phone they may have had. This all takes place within the first 3-5 hours of the theft. It is impossible to get a warrant issued in the middle of the night and then execute that warrant within that time frame. And, as you know, most crimes like thefts take place at night, not Monday-Friday from 8 AM to 4 PM when the Courts are open. So this ruling was neccessary to allow the Police to keep up with the times in performing their functions to catch these thieves!!!

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