Authorities only need a court order and not a more stringent search warrant to obtain cellphone records that can be used to track a person’s movements, a federal appeals court ruled on Tuesday.
The 5th U.S. Circuit Court of Appeals overturned an order by a Houston federal judge who had said cellphone data is constitutionally protected from intrusion and can only be acquired with a search warrant.
In 2011, U.S. District Judge Lynn Hughes had upheld a magistrate judge’s 2010 ruling that had denied a request by federal authorities in three separate criminal investigations to compel cellphone companies to provide — without a search warrant — 60 days of records for several phones.
In overturning Hughes’ order, the appeals court in New Orleans said such data is a business record that belongs to the cellphone provider. It also said its collection by authorities does not have to meet a probable cause standard as outlined under the Fourth Amendment, which protects against unlawful search and seizure and requires a search warrant.
The sheriff of New Orleans was hit on Wednesday with a sweeping 30-count indictment alleging malfeasance...
Federal aviation officials on April 27 said they were investigating after North Dakota state Rep. Liz...
Middle school students in Mississippi acted quickly to halt their school bus from crashing after their...
