Critics Seek Uniform Standard for Police Cell Phone Tracking Requests
Some magistrate judges and lawyers are saying legislation is needed to set a uniform legal standard for cell phone tracking requests by police.
Courts have been divided on the showing needed to obtain such information, the Washington Post reports. “Decisions depend on the court and even which judge in which district is hearing requests that day,” the story says.
A recent federal court decision required federal agents to make a showing of probable cause before they could obtain information from a wireless provider on a customer’s location. Other courts have ruled probable cause is not necessary.
Al Gidari, a partner with Perkins Coie in Seattle who represents wireless carriers, called for legislation to settle the uncertainty. “It is time for Congress to fix the problem,” he told the Post. “It is time to clarify the standard as well as who can get the information. Civil litigants? With or without notice to the subscriber? In emergencies? There are lots of questions and certainly a need for answers.”
