366 Kinderkamack Road
Westwood, New Jersey 07675
610 East Palisade Avenue
Englewood Cliffs, New Jersey 07632
2 William Street - Suite 304
White Plains, New York 10601
Phone: (201) 569-2533 Fax: (201) 569-2554

Warrantless Cell Tracking Generally Unconstitutional - State v. Earls

Per The New Jersey Law Journal:

"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...