Tracking Suspects with Cell phones: Is that Legal?
by
Riccardo L. Ippolito on Oct. 16, 2014
Criminal Criminal Felony Criminal Misdemeanor
Summary: Cell phones offer the ability to contact loved ones, look up restaurants and even check the weather. However, according to the American Civil Liberties Union (ACLU) these handy devices are also, in some cases, being used to implicate their owners.
Cell phones offer the ability to contact loved ones, look up restaurants and even check the weather. However, according to the American Civil Liberties Union (ACLU) these handy devices are also, in some cases, being used to implicate their owners.
A recent investigation by the ACLU found that the use of cell phones to track suspects is on the rise among law enforcement officials. The concerning part: officers often do not obtain a warrant before using a cell phone to track a suspect.
Use of Cell Phones to Track Suspects May Violate Rights
The majority of police departments surveyed frequently use cell phones to track suspects' whereabouts in many types of criminal investigations including drug crimes and homicide cases, according to the ACLU investigation. Only a minority of departments regularly obtain warrants to conduct these searches and many operate tracking operations with no court supervision at all.
Tracking via cell phone can be accomplished by various means and can provide different types of evidence. Police departments can tap into GPS information to find missing children or stranded hikers, a practice often supported by the public. However, they can also collect location information, data regarding inbound and outgoing calls and texts for use in criminal investigations.
Although the practice has yet to be addressed by the Supreme Court, a similar practice has been found in violation of basic privacy rights. The Supreme Court recently held that use of a Global Positioning Unit on a drug suspect's car without a warrant is a violation of the Fourth Amendment right against unreasonable searches. Based on this recent precedent, courts may find the use of cell phone tracking without probable cause or a warrant to be a similar violation of rights.
Navigating through the intricacies of privacy rights can be difficult. As a result, if you or a loved one has been criminally charged, it is wise to seek the counsel of an experienced criminal defense attorney to better ensure that all your legal rights are protected.