Can The Police Get Cell phone Data Information, Without Probable Cause?

 

 

A recent decision by the U.S. Court of Appeals for the 5th Circuit say “NO PROBLEM”!

The case began in Texas when federal criminal investigators sought subpoenas for cell phone providers to divulge two months of call location data for specific phone numbers without a showing of probable cause.

No phone call content was sought, only the cell tower locations showing where calls were initiated from. The local district court refused to grant the orders, reasoning that such a request without probable cause violated the Fourth Amendment of the U.S. Constitution.

However, the 5th Circuit ruled the cell call location data did not violate the Fourth Amendment because:

  • The location data are business records of the cellular carriers.
  • Cell phone users know that calls are transmitted to cell towers.
  • Cell phone users make calls voluntarily. They are not compelled to use cell phones.

At present, this outrageous decision is limited to Texas, Louisiana and Mississippi and only applicable to requests for specific phone numbers.

The idea that by using a cell phone, one gives up an s surrenders their right to privacy, is wrong and must be opposed.

Here at Regan Law PLC  we oppose governmental overreaching every day and we will continue to fight for the right to privacy and freedom for our clients and for our country.