United States Court of Appeals (Sixth Circuit) recently ruled that appellant did not have a reasonable expectation of privacy in the data emanating from his cell phone when government used the data to determine its real-time location and arrested him and thus denied any violation of Fourth Amendment.
Fourth Amendment guards against unreasonable searches and seizures by government authorities.
The Court said “There is no inherent constitutional difference between trailing a defendant and tracking him via such technology. Law enforcement tactics must be allowed to advance with technological changes, in order to prevent criminals from circumventing the justice system.”
Differentiating the present case from the recent Supreme Court decision in United States v. Jones (2012) in which the Court ruled violation of the Fourth Amendment as police secretly placed a tracking device on the defendant’s car, the Court said “No such physical intrusion occurred in this case. He himself obtained the cell phone for the purpose of communication, and that phone included the GPS technology used to track the phone’s whereabouts.”