Call today for a consultation 501-588-4451

Robertson, Oswalt, Nony & AssociatesCall today for a consultation
501-588-4451

Robertson, Oswalt, Nony

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

+

Making a

POSITIVE

Difference In Your Life

Focus: cops,cellphones, warrants and other considerations

| Nov 14, 2014 | Firm News

Calling it “a resounding defense” of citizens’ privacy rights, the American Civil Liberties Union is lauding one state’s judicial ruling mandating that police officers obtain a warrant in advance of tracking a person through his or her cellphone.

A recent media article discussing the case states that it is the first ever in which “a state court has reached this finding under the Fourth Amendment.”

The tribunal in question is the Florida Supreme Court, and its ruling — which focused on data retrieved by police from a cell tower without a warrant — equated tracking an individual through phone location data to a constitutional search under the Fourth Amendment.

And that requires a warrant, except in limited circumstances.

Privacy rights advocates say that the ruling is a seminal state court pronouncement, and they voice hopes that it will gain traction across the country and be followed by the rulings of courts in other states.

The case also brings to the fore police departments’ use of so-called “stingrays” without a warrant, which the above-cited article says is also covered by the court’s ruling.

It is likely that not many people in Arkansas and nationally have much insight into what a stingray is or how this investigative tool is used by law enforcement bodies. A stingray is a piece of highly sophisticated equipment that police can store in a vehicle and use to simulate a cellphone tower as they are on the move. Cellphones unwittingly connect to the stingray rather than to a tower, and police can thereafter track an individual through phone monitoring.

It is easy to see how invasive such an enforcement tool can be, as well as how it can be abused by police agencies operating in the absence of a warrant.

Issues surrounding probable cause, searches and seizures and warrant requirements are often of critical importance in a criminal case. Any person having questions or concerns regarding such matters can obtain accurate information and diligent legal representation from an experienced criminal defense attorney.

Source: Wired, “Cops need a warrant to grab your cell tower data, Florida court rules,” Kim Zetter, Oct. 17, 2014

Archives

findlaw-network
Here when you need help. Call 501-588-4451 to set up your consultation

Hear From Our Clients

“Our attorney showed an immense amount of care while working quickly, efficiently, and effectively… We are back on track in our lives because of you.”