Warrantless Location Tracking
Ian J. Samuel
New York University School of Law
New York University Law Review, Vol. 83, No. 4, October 2008
The ubiquity of cell phones has transformed police investigations. Tracking a suspect's movements by following her phone is now a common but largely unnoticed surveillance technique. It is useful, no doubt, precisely because it is so revealing; it also raises significant privacy concerns. In this Note, I consider what the procedural requirements for cell phone tracking should be by examining the relevant statutory and constitutional law. Ultimately, the best standard is probable cause; only an ordinary warrant can satisfy the text of the statutes and the mandates of the Constitution.
Number of Pages in PDF File: 29
Keywords: fourth amendment, search, seizure, cell phones, pen register, location tracking, surveillanceAccepted Paper Series
Date posted: February 12, 2008 ; Last revised: December 15, 2008
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