Cell Phone Tracking Ban May Be Overturned In The Next Few Months

In an attempt to circumvent the fourth amendment, attorney’s for the U.S. Government argued in a Philadelphia court that the government should be privy to cell phone information. Lawyers for the government stated that access to information about cell phone usage could help law enforcement agencies capture criminals more easily.

Lawyers opposed to the issue simply state that this is a clear violation by the government against the fourth amendment. The fourth amendment guarantees citizens the right against unlawful arrest. Lawyers further argue that this can also be construed as an invasion of privacy.

Currently, law enforcement can not track cell phone usage without probable cause. The change that the government attorneys are fighting for is to lift the probable cause clause. This will allow any law enforcement agency to track a citizen, via their cell phone records, without a warrant.

The three judge panel of the Appellate court will review the lower case findings and rule on this case within a few months. Judges that are sitting on the panel will need to review the case and determine if the power that comes with warrant less searches should be granted to the government or if this is a violation of the Constitution.