Cell Phones and Privacy Invasion

Cell Phone and GPS Location Data in Criminal Prosecutions

Understanding Cell Phone Location Data

Cell phones have evolved from simple communication devices to sophisticated tools that constantly track their users’ locations. This tracking is made possible through a combination of cellular networks and GPS technology. When a cell phone is powered on and connected to a network, it communicates with nearby cell towers to establish its location. Additionally, many smartphones are equipped with GPS receivers that provide even more precise location information.

The data generated by cell phones can include information about the user’s past and present locations, with varying degrees of accuracy. This data is stored by cell phone service providers and can be accessed by law enforcement agencies under certain circumstances. However, the legal framework governing the acquisition of this data is a subject of ongoing debate and litigation.

The Legal Landscape

The use of cell phone location data in criminal prosecutions has raised several legal questions, and courts have been divided on how to address them. One fundamental question is whether the government must demonstrate probable cause before obtaining cell phone location data. Probable cause is a legal standard that requires a reasonable belief that a crime has been committed before conducting searches or seizures.

Additionally, there are concerns related to warrantless GPS surveillance. The Electronic Communications Privacy Act (ECPA) governs electronic surveillance, including the use of GPS tracking devices. However, there is ongoing debate about whether the ECPA should be revised to either limit or facilitate the practice of warrantless GPS tracking.

The Supreme Court has also weighed in on the issue, granting certiorari in the case of United States v. Jones in 2011. This case sought to clarify the legal boundaries of GPS tracking and raised important questions about Fourth Amendment protections against unreasonable searches and seizures.

Freedom of Information Act (FOIA) Requests

In a notable development, a Federal Court of Appeals has ruled that certain cell phone tracking data must be disclosed under the Freedom of Information Act (FOIA). This ruling pertained to the disclosure of docket information from criminal cases in which the government obtained cell phone location data without first establishing probable cause. In such cases, individuals were either convicted or entered guilty pleas.

This decision was a significant victory for transparency advocates, as it shed light on the government’s use of cell phone tracking data in criminal investigations. It also raised questions about the efficacy of this investigative technique and its impact on privacy.

Balancing Privacy and Public Interest

The disclosure of cell phone tracking data has implications for privacy rights, and courts must carefully consider the balance between privacy interests and the public’s right to know. The Exemption 7(C) of the FOIA requires this balancing act when determining whether the release of certain information constitutes an “unwarranted” invasion of privacy.

Law enforcement agencies have expressed concerns that disclosing such records could lead to defense attorneys contacting convicted individuals who were subjects of warrantless cell phone tracking. This could potentially undermine ongoing investigations and compromise law enforcement efforts.

Conclusion

Cell phone and GPS location data have become powerful tools in criminal investigations, offering valuable insights into a person’s whereabouts and activities. However, the legal and privacy issues surrounding the acquisition and disclosure of this data are complex and contentious.

Courts continue to grapple with questions about probable cause, warrantless surveillance, and the balance between privacy and public interest. As technology continues to advance, these legal debates are likely to evolve, and new cases will shape the landscape of cell phone and GPS location data in criminal prosecutions.

In the end, the key challenge lies in striking a balance between the legitimate needs of law enforcement to investigate and solve crimes and the protection of individuals’ privacy rights in an increasingly digital world. The legal system will play a crucial role in defining the boundaries and safeguards that govern the use of cell phone and GPS location data in criminal proceedings.

Disclaimer: This article provides general information and does not constitute legal advice. Individuals seeking legal guidance on specific cases or issues should consult with qualified legal professionals.

Cell Phone Data Tracking in Your Case? Call Casey at (813) 222-2220.

Cell Phone and GPS Location Data in Criminal Prosecutions

Board Certified Criminal Trial Lawyer at Law Office of W.F. ”Casey” Ebsary, Jr. notes recent developments in Cell Phone Location Data used in Criminal Prosecutions. When the government wants to track an individual’s location through his or her cell phone, it submits an application to a judge seeking an order compelling a company to provide access to location data. Cell phones generate several types of data that can be used to track their users’ past or present locations with various degrees of precision.

Not all Courts agree on tracking. “Courts are divided as to whether the government must show probable cause before it can obtain cell phone location data, as well as on related questions regarding warrantless GPS surveillance.” “[W]ith respect to wiretapping Congress has balanced privacy interests with law enforcement needs by permitting the government to use that technique for only the more serious offenses, see 18 U.S.C. § 2516”

The court found the Feds must disclose certain Cell Phone Tracking Data under the Freedom of Information Act (FOIA). “We affirm that portion of the district court’s decision directing disclosure of docket information from criminal cases in which the government prosecuted individuals after judges granted applications for cell phone location data without determining probable cause, and in which those individuals were ultimately convicted or entered public guilty pleas.”

We have posted a complete document on Cell Phone Location Data here as a free download.

One Court has reasoned, “In deciding whether the release of particular information constitutes an “unwarranted” invasion of privacy under Exemption 7(C), we “must balance the public interest in disclosure against the [privacy] interest Congress intended the Exemption to protect.” U.S. Dep’t of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 776 (1989); seeFavish, 541 U.S. at 171; Ray, 502 U.S. at 175 (quoting Rose, 425 U.S. at 372).”

Even law enforcement agrees, “that disclosure of records revealing that an individual was involved or mentioned in a law enforcement investigation implicates a significant privacy interest.” The Government has expressed concerns that defense attorney(s) may investigate usage of Cell Phone tracking Data by contacting “convicted ‘defendants and/or their counsel to determine whether [the] defendants ever learned that they were the targets of warrantless cell phone tracking.’”

Other concerns include whether : “the Electronic Communications Privacy Act of 1986, Pub. L. No. 99-508, 100 Stat. 1848 (1986), should be revised either to limit or to facilitate the practice.” “The Supreme Court has recently granted certiorari to address the GPS issue. See United States v. Jones, 2011 WL 1456728 (June 27, 2011), granting cert. to Maynard, 615 F.3d 544.”

Criminal Defense Attorneys argue that Cell Phone Tracking data records kept by the United States Department of Justice (DOJ) “would also provide information regarding how often prosecutions against people who have been tracked are successful, thus shedding some light on the efficacy of the technique and whether pursuing it is worthwhile in light of the privacy implications. Information from suppression hearings in these cases could provide further insight regarding the efficacy of the technique by revealing whether courts suppress its fruits, and would disclose the standard or standards the government uses to justify warrantless tracking. Information from suppression hearings would also provide facts regarding the duration of tracking and the qualityof tracking data, facts that would inform the public discussion concerning the intrusiveness of this investigative tool.”

A Federal Court of Appeals has just ruled: “In sum, because disclosure of the information considered in this Part would “shed[] light on [the government’s] performance of its statutory duties,” it “falls squarely within [FOIA’s] statutory purpose.” Reporters Comm., 489 U.S. at 773. And in light of the strength of the public interest in disclosure and the relative weakness of the privacy interests at stake, we conclude that production of the requested information will not constitute an “unwarranted” invasion of personal privacy under Exemption 7(C).”

The court found the Feds must disclose certain Cell Phone Tracking Data under the Freedom of Information Act (FOIA). “We affirm that portion of the district court’s decision directing disclosure of docket information from criminal cases in which the government prosecuted individuals after judges granted applications for cell phone location data withoutdetermining probable cause, and in which those individuals were ultimately convicted or entered public guilty pleas.”

Source: ACLU v USDOJ Docket No. 10-5159 (DC Cir Sept 6, 2011).