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S.D.N.Y.: No REP in location of a cell phone in a tracking order

By John Wesley Hall, Jr.

There is no reasonable expectation of privacy in a cell phone's location under a tracking order. United States v. Navas, 2009 U.S. Dist. LEXIS 37464 (S.D. N.Y. March 19, 2009): Courts have followed Knotts in addressing cell site data and hold that a defendant has no legitimate expectation of privacy in such data. See Forest, 355 F.3d at 951 ("[C]ell-site data is simply a proxy for [defendant's] visually observable location."); see also In re Cell Site Location Application, 460 F. Supp. 2d at 462 (noting that the government could violate Karo by using cell site information to surveil a target in a private home that could not be observed from public spaces); In re the Matter of the Application of the United States of America for an Order Directing a Provider of Electronic Communication Service to Disclose Records to the Government, 534 F...continue to full post

Full post as published by Fourth Amendment on May 07, 2009 (boomark / email).