Warrantless Cell Tracking Generally Unconstitutional - State v. Earls
Monday, February 10, 2014
"Police violated a burglary suspect's state constitutional right to privacy when they located him using cellphone tracking information without first obtaining a warrant, a New Jersey appeals court ruled on Friday.
The panel said the emergency-aid exception to the warrant requirement did not apply, because in the 15 hours that elapsed between the time the police started the search and when they eventually found the suspect, they had plenty of time to obtain a warrant.
"'Certainly, the officers here were not responding to an open-line 9-1-1 call,' said Appellate Division Judges Anthony Parrillo and John Kennedy. 'Nor had they personally witnessed any indicia of an emergency."
Full article after the jump...