• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Jobs
  • Career
    • Cyber Security Training
    • Work from Home
    • Cyber Security Analyst
    • Remote Work – Six Ways to Keep Your Data Safe When Working Remotely
  • Field Guide
  • Newsletter Signup
  • Deals
  • News
AskCyberSecurity.com

AskCyberSecurity.com

Cyber Security News & Information

  • Home
  • Data Privacy
    • Gamers
    • Government Cyber Security
      • Legislation
      • Standards
        • What are the risks of computer security?
        • Medical Cyber Security
    • Social Media
  • Security
    • Data Breaches
    • Scams
      • Identity theft
    • Malware
      • Ransomware
  • Software
    • Apps
    • Web Browsers
  • Glossary
    • Cyber Security Acronyms
  • About Ask Cyber Security
    • Authors
    • Contact Us
  • VPN
    • How Do I Know If My VPN is Working?
    • Best Free VPN iPhone
    • Why Use a VPN?
    • NordVPN vs IPVanish
    • Private Internet Access Download
    • Best VPN for Streaming
      • TikTok VPN
    • VPN Porn
    • Computer Security Software – What You Really Need
  • Tutorials
AskCyber Home » News » right to privacy » Right to Privacy – Can Police Obtain Smartphone Location Data Without a Warrant?

Right to Privacy – Can Police Obtain Smartphone Location Data Without a Warrant?

2017-11-29 by Michelle Dvorak

Right to Privacy Can Police Obtain Smartphone Location Data Without a Warrant?

Today the Supreme Court Justices heard arguments in a major right to privacy court case, Carpenter vs. USA. The case challenges an interpretation of the law that allows crime investigators to obtain a suspect’s smartphone location data, including a location history, from wireless service providers without a warrant. police must obtain warrants to get data on the past locations of criminal suspects using cellphone data from wireless providers. Attorneys for Carpenter argue that the lack of a search warrant is a violation of the Fourth Amendment.

Timothy Carpenter was arrested in 2011 and convicted for a series of armed robberies of electronic stores in Ohio and the Detroit, Michigan area. Prosecutors used cell phone site location from Carpenter’s cell phone providers as part of their evidence. The location data, obtained with a search warrant, showed the defendant was near the crime scenes.

Mr. Carpenter’s American Civil Liberties Union lawyers maintain that this violates Carpenter’s right to privacy and was unreasonable search and seizure under the Fourth Amendment.

How does mobile phone tracking work?

It is possible to track the position of a mobile phone or other cellular connected electronic device by its position relative to nearby antennas. The Global System for Mobile Communications (GSM) uses the E11 chip that cannot be disabled to determine a device’s signal strength to triangulate proximity to nearby cell towers to determine location. Cellular phone service providers like Verizon and AT&T and internet companies like Google can track a device’s location at all times.

In addition, the metadata stored with a smartphone’s photos can determine where a phone was and when. Although this court case does not involve the images that were on the device itself.

The standard for accessing location data from electronic devices stems from the 1986 Stored Communications Act. This was last amended in 1994. Technology and the accuracy of location pinpointing have both evolved since then. The U.S. Constitution’s Fourth Amendment was, obviously, drafted in the 18th century. Requesting cell phone location data records does not require a warrant. However, it does require a court order. A court order is much easier to obtain than a search warrant.

A Supreme Court ruling on this digital right to privacy issue is expected in June 2018.

Filed Under: right to privacy Tagged With: smartphone, supreme court

About Michelle Dvorak

Michelle writes about cyber security, data privacy focusing on social media privacy as well as how to protect your IoT devices. She has worked in internet technology for over 20 years and owns METRONY, LLC. Michelle earned a B.S. in Engineering from Rensselaer Polytechnic Institute. Michelle published a guide to Cyber Security for Business Travelers


LinkedInTwitterFacebook

Primary Sidebar

Subscribe to Our Free Newsletter

We Don't Share or Sell Your Info

Web Browsers

Where Are My Saved Passwords in Chrome?

Google Removes 70 Malicious Browser Add-ons from Chrome Web Store

Firefox 75 Reports Your Browser Settings to Mozilla

511 Tactical

WHAT TO SHOP NOW

Shop

Safeguard Your Money with a VPN

Beat the Stock Market! - Get Rule Breakers!

Malwarebytes Anti-Virus is On Sale!

Shop Kaspersky Anti-Virus

Cyber Security Field Guide

Computer Security While TravelingGet Our Cyber Security Field Guide - Available on Amazon!

Recent Posts

Adult Video Streaming Site Data Breach Exposes 2M Customers

Fake eBay Notification Scam Steals Big Money

Principal Security Consultant – AWS

NJCCIC Announces Alice in Cyberspace 2021

Email Service Cuts Off Gun Rights Nonprofit

Categories

Cyber Security News

Fake eBay Notification Scam Steals Big Money

… [Read More...] about Fake eBay Notification Scam Steals Big Money

NJCCIC Announces Alice in Cyberspace 2021

… [Read More...] about NJCCIC Announces Alice in Cyberspace 2021

PayPal Phishing Scam Steals Accounts

… [Read More...] about PayPal Phishing Scam Steals Accounts

Gun Forum Booted by Domain Registrar

… [Read More...] about Gun Forum Booted by Domain Registrar

More Cyber Security News

Tags

amazon Android Apple bitcoin Career China chrome CISA credit card Cyber Attack Cyber security Data Breach data privacy DHS Equifax Facebook FBI Firefox FTC games GDPR Google Government hack hacker identity theft iPhone Iran IRS malware Microsoft North Korea PayPal phishing phishing email ransomware Russia scam smartphone TikTok tutorial VPN web browser WhatsApp WiFi

Government

FTC Releases Cyber Threat Video Playlist

Malware Found on US Government Funded Phones

UK NCA Reaches Out to Youth to Deter Cybercrimes

Texas DOT Hit by Ransomware Attack

More Posts from this Category

Footer

Menu

  • Home
  • About
  • Authors
  • News
  • Newsletter Signup
  • PRIVACY POLICY

Search

Why Use a VPN?

NordVPN vs IPVanish VPN Review

NAVIGATION

  • Data Breaches
  • Data Privacy
  • Gamers
  • Scams
  • Malware

MEMBER NJCCIC

New Jersey Cybersecurity & Communications Integration Cell

STAY CONNECTED

  • Facebook
  • Instagram
  • Pinterest
  • YouTube
  • Twitter
  • RSS

Copyright © 2021 · AskCyberSecurity.com · METRONY, LLC

Go to mobile version