Footnotes (144)



Warrantless Location Tracking

Ian J. Samuel

New York University School of Law; Jones Day

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, surveillance

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Date posted: February 12, 2008 ; Last revised: December 15, 2008

Suggested Citation

Samuel, Ian J., Warrantless Location Tracking. New York University Law Review, Vol. 83, No. 4, October 2008. Available at SSRN: https://ssrn.com/abstract=1092293

Contact Information

Ian J. Samuel (Contact Author)
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States

Jones Day ( email )
51 Louisiana Avenue Northwest
Washington, DC 20001
United States
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