Apparently, the tracking of suspects by law enforcement via their cell phones has become even more common than the use of wire taps. The technology’s growing propensity to be used with out a warrant has raised the ire of many judges nationwide.
A recent Wall Street Journal survey of the 20 largest law enforcement agencies in the country found that the use of cell phone GPS technology had indeed far outstripped that of wire taps, the traditional mode of surveillance by law enforcement officials lacking a warrant. The study found that more than 1,000 instances of this type of tracking occurred in the cities surveyed. Houston, Texas magistrate Stephen Smith estimated that federal courts issue between 20 and 30 thousand cell phone tracking orders annually.
In contrast, state and federal courts handed out 3,194 wire tap orders in 2010.
This new found crime-fighting method has begun to concern many federal judges, some of who have written opinions denying use of data obtained from cell phone tracking units. The government defends this practice based on a 1986 law which permits such information in court if they can “show that there are reasonable grounds to believe” that wrongdoing took place – ambiguous wording that can be interpreted quite liberally.
This is issue is a particularly hot button one at the moment, as the Supreme Court recently heard the landmark Antoine Jones case yesterday in order to deliberate over the use of traditional GPS vehicle tracking devices. The defendant in question had been convicted of conspiracy to traffic cocaine based on information lifted from his truck’s unit. His lawyers are fighting to repeal the conviction on the grounds that the lawmen in question lacked a warrant.
The Obama administration defended the right of law enforcement to utilize such data.
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Why shouldn’t these trackers be used if it prevents illegal and dangerous behaviour?