(London Guardian) A federal appellate panel on Wednesday rejected a constitutional challenge to warrantless collection of cellphone location records, increasing the potential for the US supreme court to consider the legality of the practice.
In a 22-page opinion issued by the sixth circuit court of appeals, the judges said the FBI’s collection of records from wireless carriers for phone numbers connected to two Detroit men was constitutional.
Timothy Carpenter and Timothy Sanders, who were convicted for their role in a string of cellphone store robberies, argued the practice was a constitutional violation under the fourth amendment. A brief filed by the American Civil Liberties Union noted that the location tracking in this case reveals the "extraordinary private details" police can obtain via location tracking, including where the defendants may worship and who they may be sleeping with.
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