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May 18, 2024

Slashdot: DC Court Rules Tracking Phones Without a Warrant Is Unconstitutional

DC Court Rules Tracking Phones Without a Warrant Is Unconstitutional
Published on September 21, 2017 at 05:20PM
An anonymous reader writes: Law enforcement use of one tracking tool, the cell-site simulator, to track a suspect’s phone without a warrant violates the Constitution, the D.C. Court of Appeals said Thursday in a landmark ruling for privacy and Fourth Amendment rights as they pertain to policing tactics. The ruling could have broad implications for law enforcement’s use of cell-site simulators, which local police and federal agencies can use to mimic a cell phone tower to the phone connect to the device instead of its regular network. In a decision that reversed the decision of the Superior Court of the District of Columbia and overturned the conviction of a robbery and sexual assault suspect, the D.C. Court of Appeals determined the use of the cell-site simulator “to locate a person through his or her cellphone invades the person’s actual, legitimate and reasonable expectation of privacy in his or her location information and is a search.”

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