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Warrantless cell phone tracking ruled unconstitutional in federal court

A three-judge panel of the 11th U.S. Circuit Court of Appeals determined people have an expectation of privacy in their movements and that the cell tower data was part of that. As such, obtaining the records without a search warrant is a violation of the Fourth Amendment's ban on unreasonable searches and seizures, the judges ruled.

"While committing a crime is certainly not within a legitimate expectation of privacy, if the cell site location data could place him near those scenes, it could place him near any other scene," the judges wrote. "There is a reasonable privacy interest in being near the home of a lover, or a dispensary of medication, or a place of worship, or a house of ill repute."

The ruling does not block investigators from obtaining the records — which show which calls are routed through specific towers — but simply requires a higher legal showing of probable cause to obtain a search warrant rather than a less-strict court order.

"The court soundly repudiates the government's argument that merely by using a cellphone, people somehow surrender their privacy rights," said ACLU attorney Nathan Freed Wessler, who argued the case.

Continues: http://www.theguardian.com/world/2014/jun/11/warrantless-cel...

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NSA< CIA, DHS will just

use loopholes and circumnavigate the ruling.

These pro-liberty rulings will never be fully honored.

The no knock raids and warrantless searches of persons, vehicles and dwellings still go on.


Sorry all for being a fellow pessimist here but the rule of law and Constitution have no meaning in Washington.

NSA: Our warrantless cell phone tracking is unconstitutional?
COURT: Yes. Stop doing that.
NSA: Ok. We will stop immediately.

Back at NSA headquarters...

EMPLOYEE ONE: And then we told the court we would "put procedures into place" to prevent further warrantless violations!
EMPLOYEE ONE: And the court didn't even hear that we are not only tracking but monitoring and recording everything as well!

More like...

NSA: Our warrantless cell phone tracking is unconstitutional?

COURT: Yes. Stop doing that.

NSA: This is a matter of national security. We can't stop and we also can't give you the reasons why. Forward!

So few here posting about

So few here posting about what (on the surface) appears to be a good ruling?

We're silent because...

It seems too good to be true. We want to celebrate a victory, but we're too clever to accept it at face value, leaving us unsure what to comment.

It's like when you get something in the mail that says, "You won $1,000,000!*" It's exciting, but you don't tell your friends about it just yet.

Better question:

Why is this reported in the Guardian and not the NYT?

Do you really have to ask

Do you really have to ask that here???

“Any man who thinks he can be happy and prosperous by letting the government take care of him better take a closer look at the American Indian.” ― Henry Ford.

The question

should be addressed to the New York Times, not people here.

Oh, I think we all know the

Oh, I think we all know the answer to that.

Common sense has won in court

How long for the news to reach Washington, D.C.?