Court: warrantless cellphone tracking not illegal search

SHARE Court: warrantless cellphone tracking not illegal search

MIAMI — A federal appeals court has ruled that investigators do not need a search warrant to obtain cellphone location records in criminal prosecutions.

The 11th U.S. Circuit Court of Appeals, overturning a three-judge panel of the same court, ruled Tuesday that authorities properly got records from MetroPCS for Miami robbery suspect Quartavious Davis using a court order with a lower burden of proof.

The 11th Circuit decided Davis had no expectation of privacy regarding records establishing his location near certain cellphone towers. The records were used to convict Davis of a string of armed robberies, leading to a 162-year prison sentence.

Two judges dissented, contending the Fourth Amendment requires probable cause and a search warrant for such records.

Davis’ lawyers could ask the U.S. Supreme Court for review.

CURT ANDERSON, AP Legal Affairs Writer

The Latest
Biden is also calling on governors to issue similar pardons for those convicted of state marijuana offenses.
An overwhelming 92% of 1,208 voting members approved a strike to pressure City Colleges leadership into meeting the union’s contract demands, the union announced Thursday.
Cook County Board President Preckwinkle is offering bold spending plans, armed with roughly $1 billion in federal COVID-19 relief money. But she needs workers to pull these plans off, and faces more than 4,000 vacancies. “We’re working towards a more just, prosperous and equitable future,” Preckwinkle said on Thursday.
Sox, who were primed for a deep postseason run entering 2022, were one of the few teams to draw more fans than pre-pandemic levels.
British actress gives one of the great portrayals of alcoholism in a miniature masterpiece of quietly powerful dialogue.