Interesting Supreme Court decision
CARPENTER v. UNITED STATES
Accordingly, when the Government tracks the location of a cell phone it achieves near perfect surveillance, as if it had attached an ankle monitor to the phone’s user.
Moreover, the retrospective quality of the data here gives police access to a category of information otherwise unknowable. In the past, attempts to reconstruct a per-
son’s movements were limited by a dearth of records and the frailties of recollection. With access to CSLI, the Government can now travel back in time to retrace a
person’s whereabouts, subject only to the retention polices of the wireless carriers, which currently maintain records for up to five years. Critically, because location infor-
mation is continually logged for all of the 400 million devices in the United States—not just those belonging to persons who might happen to come under investigation—this newfound tracking capacity runs against everyone.
Unlike with the GPS device in Jones, police need not even know in advance whether they want to follow a particular individual, or when.
Whoever the suspect turns out to be, he has effectively been tailed every moment of every day for five years, and the police may—in the Government’s view—call upon the
results of that surveillance without regard to the constraints of the Fourth Amendment. Only the few without cell phones could escape this tireless and absolute surveillance.
Doesn't change my work as we were getting warrants anyway. Ultimately I've felt the court has been making a lot of good decisions as it relates to cell phones. It really helps us counter Apple and the public who seem to believe that law enforcement is taking devices to just search because we have nothing better to do.
Most agencies are already using warrants. There are a few states, like Georgia, who were allowing police to get CDRs with a court order but most were still using search warrants.
CellHawk has a free support site to help investigators write their search warrants. Investigators can take any number, search it, get the provider info, and then get an automated search warrant template that they can put into their own letterhead. Thousands of agencies are using them and getting the records back without any issues.
CellHawk has a free support site to help investigators write their search warrants.
Nick, for clarity/full disclosure, you should add your qualifications of Marketing Manager of HawkAnalytics in your posts (or add them in your signature).