By Adam Serwer | MotherJones | August 16, 2012 | [Original Article]
"Is law enforcement tracking your cell phone's GPS more like intercepting a phone call or tailing someone on the street? A federal court decision says it's more like following you—which means the authorities don't need to get a warrant to find out where you are at any given time.
The case involves a marijuana courier, Melvin Skinner, whose disposable cell phone was being tracked by the Drug Enforcement Agency as he moved his cargo from Arizona to Tennessee. The DEA got a court order (not a warrant) compelling Skinner's cell phone company to share his GPS information—the release of which led to Skinner's capture and arrest.
Skinner's lawyers argued the DEA tracking his cell was a violation of his Fourth Amendment rights against unreasonable search and seizure because the location information being given off by his phone wasn't publicly available..." [Read More]