Post by Logan on Jun 2, 2016 8:39:15 GMT -6
RICHMOND—Police don’t have to get a search warrant to obtain records about cellphone locations in criminal investigations, a federal appeals court ruled Tuesday in a case closely watched by privacy rights advocates.
The 12–3 decision by the full 4th U.S. Circuit Court of Appeals reversed a three-judge panel’s ruling last year that the constitutional protection against unreasonable search and seizure requires police to get a warrant for information obtained from cell towers.
The Richmond-based appeals court now agrees with the only other three federal appeals courts that have taken up the issue, making it less likely that the U.S. Supreme Court will consider the matter. Meghan Skelton, attorney for the two Maryland men who challenged the use of cell tower data, said she will ask for Supreme Court review anyway because there is disagreement among the circuits on some of the underlying issues.
“The 4th Circuit’s decision is not the last word on this issue,” said Nathan Freed Wessler, an attorney with the ACLU Speech, Privacy and Technology Project. “Other appellate courts will surely address these questions soon, and the Supreme Court may well need to weigh in.”
Read more: www.fredericksburg.com/news/va_md_dc/us-court-police-don-t-need-warrant-for-cell-tower/article_981d5b31-5fbc-5870-8420-2fc11720063d.html
The 12–3 decision by the full 4th U.S. Circuit Court of Appeals reversed a three-judge panel’s ruling last year that the constitutional protection against unreasonable search and seizure requires police to get a warrant for information obtained from cell towers.
The Richmond-based appeals court now agrees with the only other three federal appeals courts that have taken up the issue, making it less likely that the U.S. Supreme Court will consider the matter. Meghan Skelton, attorney for the two Maryland men who challenged the use of cell tower data, said she will ask for Supreme Court review anyway because there is disagreement among the circuits on some of the underlying issues.
“The 4th Circuit’s decision is not the last word on this issue,” said Nathan Freed Wessler, an attorney with the ACLU Speech, Privacy and Technology Project. “Other appellate courts will surely address these questions soon, and the Supreme Court may well need to weigh in.”
Read more: www.fredericksburg.com/news/va_md_dc/us-court-police-don-t-need-warrant-for-cell-tower/article_981d5b31-5fbc-5870-8420-2fc11720063d.html