phone isn't just a phone anymore, it's also a tracking device. Police are
dialing up the cell phone companies more and more, often asking for specific
information - like a user's whereabouts or even a call log. Under current
law, they do not need a search warrant.
delegate Bob Marshall says it's got to stop.
keep stepping around this, like some people want to do too often, is to
jeopardize your life and your liberty," said Marshall during a phone
has introduced a bill that would require cell phones to
be considered tracking devices. Police would need a warrant from a
judge before phone companies hand over location data.
I'm not against obviously tracking some criminal suspect who they've
identified, but to just start doing this for any reason, or no reason, is not
playing by the rules. Now the rules may be inconvenient, but they are
there for our safety," said Marshall.
NBC12 legal analyst Steven Benjamin has told us it's not clear
a search warrant is needed to obtain cell phone information. He says, this is a
prime example of how our technology has outpaced our laws.
more you permit police to use technology and invade our privacy, the more
effective law enforcement will be. The question is, where do we draw the
line?" asked Benjamin.
The Supreme Court has yet to weigh in on whether cellphone location data
is protected by the constitution. Marshall's bill will go before the General
Assembly in the upcoming session.
Thursday, July 24 2014 11:03 AM EDT2014-07-24 15:03:34 GMT
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