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Florida Supreme Court: Police Can't Grab Cell Tower Data Without a Warrant
SternisheFan writes with an excerpt from Wired with some (state-specific, but encouraging) news about how much latitude police are given to track you based on signals like wireless transmissions. The Florida Supreme Court ruled Thursday that obtaining cell phone location data to track a person's location or movement in real time constitutes a Fourth Amendment search and therefore requires a court-ordered warrant.
The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written (.pdf), it would also cover the use of so-called "stingrays" — sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects — sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from "confidential" sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices. The American Civil Liberties Union calls the Florida ruling "a resounding defense" of the public's right to privacy.
The case specifically involves cell tower data for a convicted drug dealer that police obtained from a telecom without a warrant. But the way the ruling is written (.pdf), it would also cover the use of so-called "stingrays" — sophisticated technology law enforcement agencies use to locate and track people in the field without assistance from telecoms. Agencies around the country, including in Florida, have been using the technology to track suspects — sometimes without obtaining a court order, other times deliberately deceiving judges and defendants about their use of the devices to track suspects, telling judges the information came from "confidential" sources rather than disclose their use of stingrays. The new ruling would require them to obtain a warrant or stop using the devices. The American Civil Liberties Union calls the Florida ruling "a resounding defense" of the public's right to privacy.
Carrying a tracking device is not a good idea if you don't want to be tracked. Cellphones are basically tracking devices that also place phone calls and take photos of incriminating evidence.
Leave your phone at home when doing naughty things - it will give you an alibi!
The determined Real Programmer can write Fortran programs in any language.
Florida Supreme Court rules that a bunch of criminals who broke the most sacred laws of the land, won't get punished for their previous crimes.
Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
Yep. There's never any reason to keep the source of information secret from the judge that issues the warrant.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
I consider my phone to be "papers and effects" pretty heavily. Everyone does. That this was even a question is pretty annoying.
The question should be what is so fucking hard about getting a warrant? They are handed out like candy these days so what is so hard about getting one?
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Well, they already are doing it, as there is nobody providing oversight that will actually stop them from doing it in any meaningful way. They just want the laws changed so they don't take a PR hit every couple of weeks from these practices being revealed to the public.
Sleep your way to a whiter smile...date a dentist!
Don't rely on the whim of judges. Develop stronger crypto.
No, it truly is easy if there is probable cause.
This is from: http://legal-dictionary.thefre...
If they are not planning to arrest someone, then why the warrantless search? The point is, if the police can articulate their suspicions clearly enough with a modicum of evidence, they get the warrant.
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