May 052015
 May 5, 2015  Posted by  Court, Featured News, Surveillance, U.S.

Curt Anderson reports:

Investigators do not need a search warrant to obtain cellphone tower location records in criminal prosecutions, a federal appeals court ruled Tuesday in a closely-watched case involving the rules for changing technology.

The Atlanta-based 11th U.S. Circuit Court of Appeals, overturning a three-judge panel of the same court, concluded that authorities properly got 67 days’ worth of records from MetroPCS for Miami robbery suspect Quartavious Davis using a court order with a lower burden of proof.

In its 9-2 decision, the 11th Circuit decided Davis had no expectation of privacy regarding historical records establishing his location near certain cellphone towers

Read more on PhysOrg.

Related: Here’s the published opinion (pdf) from the court.

Thanks to Joe Cadillic for this link.

Update: Orin Kerr comments on the opinion, here.

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