September 14, 2008
Judge Limits Searches Using Cellphone Data
The government must obtain a warrant based on probable cause of criminal activity before directing a wireless provider to turn over records that show where customers used their cellphones, a federal judge ruled Wednesday, in the first opinion by a federal district court on the issue, reports The Washington Post .
"Judge Terrence F. McVerry of the Western District of Pennsylvania rejected the government's argument that historical cellphone tower location data did not require probable cause.
The ruling could begin to establish the standard for such requests, which industry lawyers say are routine as more people carry cellphones that reveal their locations. Around the country, magistrate judges, who handle matters such as search warrants, have expressed concern about the lack of guidance. "
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