Susan Freiwald, Phone Tracking Should Require a Warrant.
A pending case in the 3rd Circuit U.S. Court of Appeals raises a profound question — should the government be able to track your location without a warrant? Not so long ago, few of us carried cell phones. Today, the vast majority of Americans does. At stake are the rules for tracking the location of cell phones and their owners.
In the pending case, the Department of Justice appeals a ruling that prohibits it from compelling the disclosure of Cell Site Location Information (CSLI) without a probable-cause warrant.
This stuff is quite interesting. Some years ago I was in a case where the location of certain people in the case could be determined. That was because the records were still available when subpoenaed (I forget whether records are kept for 30/60/90 days).