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New Jersey Supreme Court rules warrants needed for phone tracking |
July 19, 2013
Cellphone users have a reasonable expectation of privacy of their cellphone location information, and police must obtain a search warrant before accessing that information, the Supreme Court of New Jersey ruled Thursday."When people make disclosures to phone companies and other providers to use their services, they are not promoting the release of personal information to others," wrote Chief Justice Stuart Rabner in an unanimous ruling on an appeal. "Instead, they can reasonably expect that their personal information will remain private."The issue of boundaries in the use of cellphone data by law enforcement agencies has figured in other courts and state legislatures. The Montana legislature passed a law recently requiring police and other agencies to obtain a search warrant from a court before tracking a person using location information from an electronic device.Federal courts have been divided on the issue of cellphone tracking by law enforcement. But historically the New Jersey Constitution has offered greater protection to New Jersey residents than the Fourth Amendment to the U.S. Constitution, Rabner observed. The Fourth Amendment protects against unreasonable searches and seizures.To read this article in full or to leave a comment, please click here
Link: http://www.pcworld.com/article/2044723/new-jersey-supreme-court-rules-warrants-needed-for-phone-tracking.html#tk.rss_all
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