Friday, July 19, 2013

New Jersey Supreme Court: Police Need A Search Warrant To Track Cell Phones

New Jersey's Supreme Court has taken the Fourth Amendment and applied it to the Digital Age.  In a win for personal privacy, the police are now required to obtain a search warrant before receiving from cellphone service provides user tracking information.

This decision bolsters the position that we still have an expectation of privacy in the Digital Age.  Last year, Bob Sullivan of NBC News wrote about an in-depth investigation of how law enforcement officials were obtaining cell phone tracking information without a warrant all over the country.  This story was eye-opening and discussed some very troubling practices.

New Jersey's decision appears to be inspired by the Supreme Court's U.S. v. Jones case from last year.  In a 9-0 decision, the court basically ruled that we still have an expectation of privacy from the government digitally tracking us without a warrant.   

While law enforcement officials need to be able to utilize modern tools to track criminals, they still need to adhere to the principles our founding fathers put in place more than 200 years ago.  While more of our information is being put into electronic form, it is imperative that the laws to protect our personal privacy keep up with technology.

Copyright 2013 by the Law Office of Bradley S. Shear, LLC All rights reserved.   

No comments:

Post a Comment