Government Technology

N.J. Police Must Obtain Warrant Before Tracking Cellphones



N.J. passes law that police must obtain warrant before tracking cellphones

July 19, 2013 By

On Thursday, July 18, the New Jersey Supreme Court ruled that police must first obtain a warrant to legally track data from cellphones in the state -- a decision that could have profound effects throughout the states and in federal courts, the New Jersey Star Ledger reported.

In issuing the ruling, the court sided with a man who was arrested in 2006 after police tracked him down using his cellphone data -- without a warrant. 

“Today, cellphones can be pinpointed with great precision, but courts are not adept at calculating a person’s legitimate expectation of privacy with mathematical certainty,” according to a syllabus prepared by the Office of the Court. “What is clear is that cellphones are not meant to serve as tracking devices to locate their owners wherever they may be. No one buys a cellphone to share detailed information about their whereabouts with the police.” 

Some privacy proponents support the decision given the age of wide-ranging e-surveillance in which we currently live. 

The new law does specify that no warrant is required during emergency situations.


| More

Comments

Add Your Comment

You are solely responsible for the content of your comments. We reserve the right to remove comments that are considered profane, vulgar, obscene, factually inaccurate, off-topic, or considered a personal attack.

In Our Library

White Papers | Exclusives Reports | Webinar Archives | Best Practices and Case Studies
Better security. Better government.
Powering security at all levels of government with simpler, more connected IT.
Cybersecurity in an "All-IP World" Are You Prepared?
In a recent survey conducted by Public CIO, over 125 respondents shared how they protect their environments from cyber threats and the challenges they see in an all-IP world. Read how your cybersecurity strategies and attitudes compare with your peers.
Maintain Your IT Budget with Consistent Compliance Practices
Between the demands of meeting federal IT compliance mandates, increasing cybersecurity threats, and ever-shrinking budgets, it’s not uncommon for routine maintenance tasks to slip among state and local government IT departments. If it’s been months, or even only days, since you have maintained your systems, your agency may not be prepared for a compliance audit—and that could have severe financial consequences. Regardless of your mission, consistent systems keep your data secure, your age
View All

Featured Papers