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W.D. Pa.: Cellphone tracking order requires probable cause

By John Wesley Hall, Jr.

The government sought tracking information on a suspected drug trafficker’s cellphone. It had to be supported by probable cause under Rule 41. In 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, 2008 U.S. Dist. LEXIS 13733 (W.D.Pa. February 19, 2008) (collecting cases): For the reasons discussed below, this Court believes that citizens continue to hold a reasonable expectation of privacy in the information the Government seeks regarding their physical movements/locations--even now that such information is routinely produced by their cell phones--and that, therefore, the Government's investigatory search of such information continues to be protected by the Fourth Amendment's warrant requirement; i...continue to full post

Full post as published by Fourth Amendment on February 27, 2008 (boomark / email).