Judge Uses Good Faith Exception to Save Cell Site Data Search
The Supreme Court ruled warrantless GPS monitoring of Antoin Jones violated his Fourth Amendment rights and could not be used at his trial. (Opinion here, background here.) Basically,
The case concerned Antoine Jones, who was the owner of a Washington nightclub when the police came to suspect him of being part of a cocaine-selling operation. They placed a tracking device on his Jeep Grand Cherokee without a valid warrant, tracked his travels for a month and used the evidence they gathered to convict him of conspiring to sell cocaine. He was sentenced to life in prison.
The Government then sought to introduce cell site locator data obtained by a court order (but not a search warrant establishing probable cause.) The judge has now ruled the cell site data can come in at trial. She said she didn't have to rule on the issue of whether a search warrant is required because the good faith exception to the warrant requirement saves the search. Wired's report is here.
The opinion is here. EFF filed this amicus brief. The Government's argument is here.(In non-legalese, here.) [More...]
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