25 November 2007

Courts Allowing Electronic of Suspects Without Probable Cause

Welcome to 1984, only 23 years late.

The feds are increasingly using the enhanced 911 services to track people's movements, and most of the judicial precedent at this point is saying that they do not need probable cause to get a court order, it is noted that, "Such requests run counter to the Justice Department's internal recommendation that federal prosecutors seek warrants based on probable cause to obtain precise location data in private areas", so we get
In one case last month in a southwestern state, an FBI agent obtained precise location data with a court order based on the lower standard, citing "specific and articulable facts" showing reasonable grounds to believe the data are "relevant to an ongoing criminal investigation," said Al Gidari, a partner at Perkins Coie in Seattle, who reviews data requests for carriers.
Which means that the agents think that all they need to show is that they want the information.

0 comments :

Post a Comment