Criminal Procedure
Critics Seek Uniform Standard for Police Cell Phone Tracking Requests
Posted Nov 14, 2008, 11:55 am CST
By Debra Cassens Weiss
Some magistrate judges and lawyers are saying legislation is needed to set a uniform legal standard for cell phone tracking requests by police.
Courts have been divided on the showing needed to obtain such information, the Washington Post reports. “Decisions depend on the court and even which judge in which district is hearing requests that day,” the story says.
A recent federal court decision required federal agents to make a showing of probable cause before they could obtain information from a wireless provider on a customer’s location. Other courts have ruled probable cause is not necessary.
Al Gidari, a partner with Perkins Coie in Seattle who represents wireless carriers, called for legislation… Continue reading...
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