Justice Department Avoids Decision On Warrantless Cell Phone Tracking » Blog of Rights: Official Blog of the American Civil Liberties Union

Justice Department Avoids Decision On Warrantless Cell Phone Tracking » Blog of Rights: Official Blog of the American Civil Liberties Union

Whether the government needs a warrant will depend on which judge is on duty. This is not how the justice system is supposed to work.

The Justice Department persists in its strategy of not appealing cell tracking losses even though lower court judges have practically begged for the government to do so. Way back in 2005, a judge expressed “the full expectation and hope that the government will seek appropriate review by higher courts so that authoritative guidance will be given the magistrate judges who are called upon to rule on these applications on a daily basis.” Other judges have issued similar calls more recently, but to no avail. (The sole time the government did appeal a loss, the results were decidedly mixed.)

The American people deserve better. The government tracks cell phones all the time and all over the country, and whether it can do so without a warrant is a crucial Fourth Amendment question.