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A federal appeals court on Wednesday rejected the Obama administration’s contention that the government is never required to get a court warrant to obtain cell-site information that mobile-phone carriers retain on their customers.
The administration said Americans should expect no privacy “in the totality of his or her movements in public places.”
The administration said Americans should expect no privacy “in the totality of his or her movements in public places.”
The administration sa
The Obama administration has urged a federal appeals court to allow the government, without a court warrant, to affix GPS devices on suspects’ vehicles to track their every move.
The Justice Department is demanding a federal appeals court rehear a case in which it reversed the conviction and life sentence of a coc aine dealer whose vehicle was tracked via GPS for a month, without a court warrant. The authorities then obtained warrants to search and find drugs in the locations where defendant Antoine Jones had travelled.
The administration, in urging the full U.S. Court of Appeals for the District of Columbia to reverse a three-judge panel’s August ruling from the same court, said Monday that Americans should expect no privacy while in public.
“The panel’s conclusion that Jones had a reasonable expectation of privacy in the public movements of his Jeep rested on the premise that an individual has a reasonable expectation of privacy in the totality of his or her movements in public places, ” Assistant U.S. Attorney Peter Smith wrote the court in a petition for rehearing.
The case is an important test of privacy rights as GPS devices have become a common tool in crime fighting, and can be affixed to moving vehicles by an officer shooting a dart. Three other circuit courts have already said the authorities do not need a warrant for GPS vehicle tracking, Smith pointed out.
The government said the appellate panel’s August decision is “vague and unworkable” and undermines a law enforcement practice used “with great frequency.”