Columbus Criminal Defense Attorney Newscast
Several years ago, the government sought tracking data from cellphone providers which would determine persons’ locations from GPS tools embedded in their mobile phones. This information was sought through the Stored Communications Act which gives the government the option of acquiring this data through a court order, after showing there are “reasonable grounds” to believe the information would be relevant to an investigation. Alternatively, this information can be acquired the “old fashion” way by making a probable cause showing which would trigger the issuance of a search warrant. As we know, the probable cause standard isn’t terribly exacting but is a bit higher than the flimsy “reasonable grounds” showing needed to secure a court order.
You can write the end of the story from here—the government made the flimsy showing, secured a court order, and obtained records from the provider that were important to a criminal investigation because the records showed the location of the subscribers.
Two years ago, a district court judge in Houston ruled this tracking data could only be acquired after a probable cause showing was made and because the government only made a “reasonable grounds” showing, the evidence was suppressed. On July 30th, in In Re: Application of the United States of America for Historical Cell Site Data, Case No. 11-20884, the Fifth Circuit overturned this decision. The appellate court held that because the location data belonged to the carrier and not the subscriber, a search warrant wasn’t needed—the subscriber had no privacy interest in the data sought. Consequently, the location data could be acquired through the issuance of a court order.
There may be a states’ rights fight brewing as several states, including Maine and Montana, have passed legislation this year requiring search warrants to access any cellphone location information. Additionally, 12 days before the Fifth Circuit’s decision, the New Jersey Supreme Court, in State v. Earls, ruled that a search warrant was required to acquire cellphone data.
This sort of fracture could make this issue ripe for a US Supreme Court dogfight!
The Scott & Nolder Law Firm has built a solid reputation as criminal defense lawyers in Columbus and throughout the state of Ohio with providing a top-notch criminal defense for our clients. We also handle all types of federal criminal defense cases. Call us to set an appointment with one of our Columbus criminal defense attorneys today.
