Should Law Enforcement Need a Warrant to Track Your Cell Phone?

 

In Carpenter v. United States, the U.S. Supreme Court is about to tackle its biggest case related to the Fourth Amendment and privacy of data generated by cell phones.

A case before the U.S. Supreme Court on Wednesday will tell a lot about how well the country’s privacy laws can protect people in the digital age. Carpenter v. United States specifically pits the privacy of information that wireless devices share with their service providers—the towers or “cell sites” devices connect to, the phone numbers they call and answer, and the time and length of those calls—against law enforcement’s authority to retrieve that data without a warrant.

Some background is helpful before diving into the case’s implications. In April 2011 the FBI in Detroit nabbed four suspects connected to a string of armed robberies at Radio Shack and (somewhat ironically) T-Mobile stores in Ohio and Michigan. One of the suspects later confessed and voluntarily turned over his cell phone so agents could review his calls. The FBI wanted more information about whom the suspect had been speaking to on his phone around the time the crimes were committed—but the bureau was unable to establish the probable cause it needed to get a search warrant for the info from his and his contacts’ wireless carriers.

Prease to read more here:

https://www.scientificamerican.com/article/should-law-enforc...

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The short answer is no.

The short answer is no.

NO

No

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Don't sweat the petty things and don't pet the sweaty things!

Yes

The Fourth Amendment.

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Question

Question: Should Law Enforcement Need A Warrant To Track Your Cell Phone?

Answer: Yes

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GPSMAP64s, iPhone XR w/Garmin North America, Yaesu VX-8R w/GPS.

tracking hmmm

we ask the law to get permission to track us ! but we let others track us for various reasons and don't seem to care much about that, doctors are online banks the shopping we do the computers we use, our information is sold to others and we really don't know how much or what type of information that is ! and a lot of that permission is in the fine print that we don't bother to read ! all the information is gathered under the premise of helping us to get things they think we need ! every body wants information about everything TV's baseball stats weather and they google for all this info and google collects info on what you google and people on Facebook and other social networks air there private issues with out a thought about who is looking at it . so do we just say you can only gather information about us as long as it don't incriminate us? this is really a large can of worms !

My short answer

YES

Hmmm ...

No. If you have nothing to hide why should it even matter?

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Where there's a will ... there's a way ... DriveSmart50LMT-D, Nuvi 2508LMT-D, 1490LMT, 1310, Montana 650T, Etrex 20

IMHO

Tracking my phone should not require a warrant.
Obtaining my phone call/text log should require a warrant.

Why should it be any different than a land line. They can find a numbers location, but to go further requires a warrant.

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I never get lost, but I do explore new territory every now and then.

My Answear

My answear YES...cops sometimes have too much discretion

Agreed

KenSny wrote:

Tracking my phone should not require a warrant.
Obtaining my phone call/text log should require a warrant.

Why should it be any different than a land line. They can find a numbers location, but to go further requires a warrant.

Anyone can track you cellphone now GPS, WiFi, Bluetooth etc.
Heck, some major retail stores track shoppers movements within the store too.

Data on the other hand is more serious. Makes me wonder why anyone would want to store their data in the "cloud", wherever that is ...... and who has access.

Turning off sharing or privacy permissions is only there to make us feel better. We didn't know emails were being mined by an ISP for advertising profiling either!

This whole environment is not only massive and complex, we are condemned to have politicians run and or over rule experts who know what they're talking about. I'm afraid valid solutions are not close.

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If the only tool you have is a hammer, every problem quickly resembles a nail. (Maslow's Hammer)

Yes and No. No not for

Yes and No. No not for location tracking, especially when there is an out. Simply turn off your phone. However, the more concerning part is it is not just location tracking, it is phone records which should require a warrant.

Um..

sunsetrunner wrote:

Simply turn off your phone.

I don't think that will do it..

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Never argue with a pig. It makes you look foolish and it anoys the hell out of the pig!

NSA probably has all your phone calls, emails and texts saved.

NSA probably has all your phone calls, emails and texts saved.

But like I remember from growing up, if your Mama can't know what you are up to, you probably shouldn't be doing it anyway.

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I agree No, if you did

I agree No, if you did nothing wrong, I would have not problem with them tracking

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NickJr Nuvi 3597LMT

Warrent...ed

ISPs and cell providers already know all of our digital doings..and everything is stored on third party servers accessible to who knows who.
A warrent to me is just them doing things by the numbers, ALL this information is already available to law enforcement if need be at least here in Canada.
I personally have nothing to hide, if want to look at my vacation pics or me eating a hamburger at my local greasy spoon, whatever floats their boat.

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Nuvi 2595LMT, Nuvi 40, GPSMAP 62s, TomTom One XL -Change what you can, manage what you can't.

Should Law Enforcement Need A Warrant To Track Your Cell Phone?

I have nothing to hide but my answer is yes. It is dangerous to release unwarranted power to a government entity. The founding fathers understood that Protection of Our freedom is paramount. Unchecked, people will always eventually misuse power. The end does not justify the means

Yes, they should. If I lived

Yes, they should. If I lived in North Korea, Russia, or China I would almost expect such behavior from the government. This is not the American way. How can we criticize Putin when we do the same thing? They always trot out the same 2 sad excuses, it's either fighting terrorism or child porn. They need a longer list of rationales for trampling our rights.

We've been tracked for a long time....

Most would probably be surprised how many things you do track what you do, where you go and maybe who you associate with. I'm sure almost everyone who has a smartphone is tracked to some extent and I'm sure companies and government agencies know things about us that would surprise many. If you use a smartphone, computer or many phones nowadays there are so many ways around getting a warrant. Traffic cameras, RLC and your ISP. Most businesses have CCTV and the video is going to the cloud. God knows who has access.
I would like to think that if they want to know who I call or text and what I type or say they should have a warrant but we've gone to far down the path to turn back. They (meaning companies and government)have the capability to know virtually everything we do and not enough people really seem to care. To make matters worse all they have to do is lie and most or no one would be the wiser. Because of technology privacy as I knew it (growing up in the 60's) is really a fantasy if
someone wants to know and has the money or resources.

Warrent

Do they need one to follow you by using their eye site? NO! Can they follow you when you are driving a car without one. YES! So why do you think they need one to follow you using your cell phone.

The data used to track you does not belong to you, it is the property of the cell phone provider. The provider is licensed by the FCC and one of the conditions of their license is that they not hide or refuse to provide their data to the government.

No

The "Airways" are free

The World As We Know It.

they should require a warrant like when they enter your home. but with today's technology and the complicity of the phone companies, it's not needed.