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In the first ruling of its kind, the 11th Circuit held that police need a warrant to obtain cellphone data used to pinpoint a suspect's location.
The three-judge panel in Atlanta ruled that Quartavius Davis, whose cell tower data placed him near the scenes of six robberies, had a Fourth Amendment right to keep his whereabouts private.
"While committing a crime is certainly not within a legitimate expectation of privacy, if the cell phone site location data could place him near those scenes, it could place him near any other scene," wrote U.S. District Judge David Sentelle, who was assigned to the three-judge panel.
He argued that the admission of the cell tower data -- based on a judge's order, not a warrant -- amounted to an unreasonable search in violation of the Fourth Amendment.
The 11th Circuit agreed on Wednesday, noting that its ruling marks the first of its kind nationwide.
Though the U.S. Supreme Court held in 2012 that police need a warrant to track suspects via GPS, it has not yet ruled on cellphone tower data.
originally posted by: marg6043
There we go again Wrabbit2000. have we no learned yet that under the patriot act and the NSA this days nothing is illegal anymore as long as the "authorities" are doing the deed.