A panel of three federal judges ruled on Tuesday, July 30, 2013, in a 2-to-1 decision that police officers in the Fifth Circuit need only a court order (not a search warrant) to obtain access to locational data from your cell phone records. Reasoning that geographical information collected by telephone companies becomes part of the cellphone provider’s business record, the Court decided that customers did not have an expectation of privacy in the data collected:
The lesser standard of proof makes it only too easy for police to capture more information regarding your whereabouts without your knowledge or consent. The American Civil Liberties Union (ACLU) which had an amicus curi brief in this case, expressed its disappointment in the decision:
This ruling overlooks the fact that Americans do have a reasonable expectation of privacy when it comes to their cellphone location data. Where you go can disclose significant details about your life, and most people don’t assume that simply carrying a cell phone means someone can track their movements for days or even months. Joseph Tacopina has emphasized that the government should not have the ability to access such personal and sensitive information without first obtaining a warrant based on probable cause. Unfortunately, the 5th Circuit’s decision permits exactly that.
To learn more about this case or to discuss the rules of evidence with an experienced attorney, contact a criminal defense lawyer at the law offices of Tacopina & Seigel. Joseph Tacopina and his team are ready to provide the legal guidance you need.