Search and Seizure - In re United States: Denying Government Request for an Order Allowing Warrantless Tracking of a Suspect's Cell Phone
![handle is hein.journals/amjtrad30 and id is 477 raw text is: RECENT DEVELOPMENTS
Search and Seizure
In re United States: Denying Government
Request for an Order Allowing Warrantless
Tracking of a Suspect's Cell Phone
Introduction
On August 25, 2005, in In re United States, the United States District
Court for the Eastern District of New York declined to grant a Govern-
ment request for an order allowing for the real-time tracking of the
location of a suspect's cell phone without a warrant. 384 F. Supp. 2d 562,
566 (E.D.N.Y. 2005). Although this is the first reported decision dealing
with such a request from the government, the court suggests that the
Government has requested and been granted similar court orders on
multiple occasions. Id. The tracking of a suspect's approximate location
is possible by means of triangulation of the location of a cell phone using
data (commonly referred to as cell site data) sent from the cell phone
to nearby cell phone towers. See In re United States, 396 F. Supp. 2d
747, 748-49 (S.D. Tex. 2005). By collecting such cell site data at regular
intervals, it is possible to track, in real-time, the approximate address
corresponding with the location of a cell phone. See id. Since August
2005, the Government has frequently requested court orders permitting
warrantless tracking of the location of a suspect's cell phone using a
theory that courts have termed the dual or 'hybrid theory.' See id. at
760-61. The hybrid theory is based on the argument that warrantless
tracking of a cell phone is permissible under a combined reading of the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA Patriot Act),'
Communications Assistance to Law Enforcement Act (CALEA),2 and
the Stored Communications Act (SCA).3 Id.
'Pub. L. No. 107-56 (HR 3162) (2001).
2 47 U.S.C. § 1002(a)(2) (1998).
18 U.S.C. §§ 2701-2703 (2006).
2006]](ViewImageLocal?handle=hein.journals/amjtrad30&div=27&collection=journals&method=preview&ext=.png&size=3)
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