Prada Bag With Chain Handle
"[T]he decision below errs in finding that the target cell phone was a 'tracking device,' prosecutors wrote.
But the government appealed her finding and argued in a brief to Judge McVerry that because wireless carriers regularly maintain data on cell phone usage and because the data provides only a general location for a user's whereabouts that there is no privacy interest.
the government could obtain such a record without at least a neutral judicial determination of probable cause," she added.
allow prosecutors to show where the suspect had been in the past when making and receiving calls. Cell phone towers in urban areas can be used to track a person's whereabouts to within 200 feet of their exact location. Attorney Mary Beth Buchanan said her office is reviewing the opinion.
"Where information is sensitive, like tracking someone's location either in the past or future, you have to have a good reason for that," said Jennifer Granick, the civil liberties director there. "Not just a reason, but a good reason."
The judge's opinion has been lauded by groups such as the Electronic Frontier Foundation, which filed a friend of the court brief on the matter.
At issue was a request by the government to access cell phone records related to a drug suspect that agents were having "difficulty in visually surveilling."
They continued: "there is Prada Bag With Chain Handle not a scintilla of evidence in the legislative history that Congress intended cell phones to be classified as tracking devices."
The government must show probable cause that a crime has occurred in order to obtain a suspect's cell phone records, a federal judge ruled here this week. District Judge Terrence F. Magistrate Judge Lisa Pupo Lenihan, who issued a 52 page opinion in February.
In her opinion, Judge Lenihan found that such information is something in which the public holds "a reasonable expectation of privacy," which means that the government must show probable cause because the "information so broadly sought is extraordinarily personal and potentially sensitive."
"There's definitely judicial oversight of the specific facts," Professor Kerr said. "It's just a lower threshold than probable cause."
Further, she said that the low cost to the government to obtain the requested information and the fact that the requests to cell phone service providers are not public records make such requests "particularly vulnerable to abuse."
Instead, he said, the Stored Communications Act requires that law enforcement offer to a judge only "specific" facts to obtain the information.
But Orin Kerr, a constitutional law professor at George Washington University, said Judge Lenihan's decision is simply wrong.
Prosecutors also argued that the historical information provided by the records in question is not content from a conversation and therefore does not require probable cause.
be appalled by the notion that Burberry Ladies Handbags Price
Judge McVerry disagreed and affirmed Judge Lenihan's decision.
"These are very technical statutes, so it's easy to get lost," Dr. Kerr said.
Instead, a tracking device is a homing device installed by the government.
In its brief, the government agreed.
"[Most] Americans would Burberry Handbags House Check
Those records would Burberry Zip Tote
Probable cause necessary to obtain cell data
Dr. Kerr believes that in making her decision, Judge Lenihan got caught up in whether a cell phone is a tracking device.
Prada Bag With Chain Handle
Burberry Purse Sale