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The FBI and other police agencies don't need a search warrant to track the locations of Americans' cell phones, a federal appeals court ruled on Tuesday in a precedent-setting decision.
In the first decision of its kind, a Philadelphia appeals court agreed with the Obama administration that no search warrant--signed by a judge based on a belief that there was probable cause to suspect criminal activity--was necessary for police to obtain logs showing where a cell phone user had traveled.
Rule 41 contains express procedures governing tracking device warrants, and those procedures need to be followed with regard to future requests for CSLI. This means several things. First, in past applications, the Government has taken the position that it has no obligation to provide notice of the tracking to the cell phone user, as its notice obligation was met by service of the order on the telecommunications provider from whom it received the CSLI. This does not meet the requirements of Rule 41, which provides that when a tracking device warrant is authorized, "the officer must serve a copy of the warrant on the person who was tracked or whose property was tracked." FED. R. CRIM. P. 41(f)(2)(C). 19 Thus, warrants seeking CSLI must meet this obligation of Rule 41. Similarly, a return must be filed, as with all other warrants. FED. R. CRIM. P. 41(f)(2)(B).
Originally posted by airspoon
reply to post by fraterormus
Havent you noticed, the courts here in America are doing their own thing, completely ignoring the Constitution and charter formed by our founding fathers. Our courts, especially our SCOTUS, is bought and paid for.
Originally posted by ProtoplasmicTraveler
Rights as a human being are inherent though and inalienable provided you don't trade them for liberties, and you understand that your rights are something you have to defend yourself.
Our forefathers specifically told us that our liberties were destined to be short lived, if we did not exercise our right to protect them.
We have not exercised our right to protect them, and as a result have lost or had most of our liberties stripped or modified.