[Infowarrior] - SSRN Article: Warrantless Location Tracking

[Richard Forno]

(c/o Pogowasright)

Article: Warrantless Location Tracking
Thursday, February 14 2008 @ 03:38 PM EST
Contributed by: PrivacyNews
News Section: Surveillance

Samuel, Ian J., "Warrantless Location Tracking" . New York University Law
Review, Vol. 83, No. 4, 2008

Abstract:

The ubiquity of cell phones has transformed police investigation. Tracking a
suspect's movements by following her phone is now a common but largely
unnoticed surveillance technique. It is useful, no doubt, precisely because
it is so revealing; it also raises significant privacy concerns. In this
Note, Ian Samuel examines what the proper procedural requirements for these
searches should be, by examining the relevant statutory and Constitutional
law. Ultimately, the best standard is probable cause; only an ordinary
warrant can satisfy the text of the statutes and the mandates of the
Constitution.

Full-text article available as a free download at SSRN

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1092293#PaperDownload