ACLU: FBI used 'dragnet'-style warrantless cell tracking

[cory777]

Source: CNET

To nab a pair of men accused of robbing banks in Connecticut, court documents show the FBI turned to a novel investigative technique last year: warrantless monitoring of the locations of about 180 different cell phones, court documents show.

The FBI obtained a secret order--it has not been made public--commanding nine different telephone companies to provide federal police "with all cell site tracking data and cell site locator information for all incoming and outgoing calls to and from the target numbers."

But because the U.S. Justice Department did not obtain a warrant by proving to a judge that there was probable cause to suspect criminal activity, there's now a risk that the evidence from the location surveillance may be tossed out of court as illegally obtained. (Here's a list (PDF) of the phone numbers tracked.)

An attorney for Luis Soto, one of two brothers accused of stealing about $90,000 from Webster Bank and New Alliance Bank, asked a Connecticut judge on May 18 to suppress the location information, saying "the government obtained information that could be used to track the movements and locate the whereabouts at specific times of up to 180 people." That violates their Fourth Amendment right to be free from unreasonable searches, Soto said.

Read more: http://news.cnet.com/8301-31921_3-20008444-281.html?part=rss&subj=news&tag=2547-1_3-0-20

[dipsydoodle]

1. My name's Friday

Joe Friday. I'm a cup.

[Somawas]

2. 180 People!

That sounds pretty much like a general warrant to me.

[gratuitous]

3. But all the USA PATRIOT Act supporters said they'd never do that

My goodness, what is our country coming to when you can't trust the word of our elected representatives? Mercy!

Sorry for the strong language, but gosh all fish hooks this gets my dander up.

[EJSTES2005]

4. I wouldn't have a problem with this if

they used the taps to arrest all the gang members on our streets who kill & rob at will............

[truthisfreedom]

5. Wow. Our worst fears about the Patriot Act are coming true, under a Democratic Administration.

Nauseating. I donated $5k to Obama for this?

[JDPriestly]

6. So is tracing a cell phone location a sort of search of the person

that is prohibited by the Fourth Amendment. Or is simply tracing where a number is something that the police can do.

There is another problem. A criminal could steal someone else's cell phone and then would not be traced. Criminals could stop carrying cell phones all together. Seems to me that tracing a cell phone could become an ineffective police tactic once hardened criminals know they do that.

[Demeter]

7. Disposible, Prepaid Cell Phones

Just like the movies. Just wear gloves and face mask to keep the DNA off.