Fifth circuit cell phone tracking case

 

The case was argued to the Fifth Circuit in October 2, 2012 in New Orleans. In July 2013, the Fifth Circuit reversed the lower court in a 2-1 decision, ruling that law enforcement didn't need a search warrant to access historical cell site records.

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Fifth circuit cell phone tracking case

A divided Fourth Circuit has ruled, in United States v. Graham , that “the government conducts a search under the Fourth Amendment when it obtains and inspects a cell phone user’s historical [cell-site location information] for an extended period of time” and that obtaining such records requires a warrant.

The new case creates multiple circuit splits, which may lead to Supreme Court review. Specifically, the decision creates a clear circuit split with the Fifth and Eleventh Circuits on whether acquiring cell-site records is a search. It also creates an additional clear circuit split with the Eleventh Circuit on whether, if cell-site records are protected, a warrant is required. Finally, it also appears to deepen an existing split between the Fifth and Third Circuits on whether the Stored Communications Act allows the government to choose whether to obtain an intermediate court order or a warrant for cell-site records.

This post will cover the reasoning of the new case in detail. In a follow-up post, which I hope to publish later tonight, I’ll address whether the Supreme Court might review this case and how the Justices might rule if they do.

The case was argued to the Fifth Circuit in October 2, 2012 in New Orleans. In July 2013, the Fifth Circuit reversed the lower court in a 2-1 decision, ruling that law enforcement didn't need a search warrant to access historical cell site records.

What's going on with Right to Repair? @TeenVogue covers the fight to pass Nebraska's Fair Repair Act. http://www.teenvogue.com/stor...

CIA withholding security flaws from smartphone, app makers is shameful, EFF's Cindy Cohn tells @democracynow https://www.democracynow.org/...

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