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Court Decides Police Must Have a Warrant to Access Cellphone Data

<p>&ldquo&semi;Cellphone users have an objectively reasonable expectation of privacy&comma;&rdquo&semi; said Judge Andre Davis&comma; one of the majority in the 2-1 decision on Wednesday that ruled a warrant is necessary for the government to obtain information from a citizen&rsquo&semi;s cellphone&period;&nbsp&semi;<&sol;p>&NewLine;<p>The U&period;S&period; Fourth Circuit Court of Appeals decided on Wednesday that obtaining cell-site location information &lpar;CSLI&rpar; qualifies as a 4th Amendment search because &ldquo&semi;society recognizes an individual&rsquo&semi;s privacy interest in her movements over an extended time period&period;&rdquo&semi; &nbsp&semi;This decision contradicts rulings in the third&comma; fifth&comma; and eleventh circuit courts and many expect the case to go to the Supreme Court&period;&nbsp&semi;<&sol;p>&NewLine;<p>Did you know that most cellphones keep a detailed history of location even when location services are off&quest; After a similar ruling on Thursday by the U&period;S&period; District Court for the Northern District of California&comma; Judge Lucy Koh explained that modern cellphones automatically connect with cellular towers&comma; generating a stream data which can later be used like a map to track a person&&num;8217&semi;s movements&period;&nbsp&semi;<&sol;p>&NewLine;<p>&ldquo&semi;Neither the U&period;S&period; Supreme Court nor the Ninth Circuit has squarely addressed whether cell phone users possess a reasonable expectation of privacy in the CSLI&comma; historical or otherwise&comma; associated with their cell phones&comma;&rdquo&semi; said Koh&period;&nbsp&semi;<&sol;p>&NewLine;<p>United States v&period; Graham came about after Baltimore police used a suspect&rsquo&semi;s CSLI to pinpoint his location after a series of robberies&period; Their actions were deemed &ldquo&semi;unreasonable&rdquo&semi; and a &ldquo&semi;violation of the appellants&rsquo&semi; Fourth Amendment rights&period;&rdquo&semi;&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;<p>&nbsp&semi;<&sol;p>&NewLine;

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