Fifth Circuit Cell Phone Tracking Case

EFF joined the American Civil Liberties Union (ACLU) Foundation and the ACLU Foundation of Texas in backing a judge who required a search warrant before approving the seizure of two months of cell phone location data by law enforcement.  In this case, the government asked a magistrate judge to approve a request to two cell phone companies for 60 days of cell phone location records as part of a routine law enforcement investigation. The judge denied the request, saying it was necessary for the government to get a warrant based on probable cause before it could obtain the records. In an amicus brief filed in the U.S. Court of Appeals for the Fifth Circuit, EFF argues that the judge was correct, as getting a warrant is essential to ensuring Fourth Amendment protections.

The case was argued to the Fifth Circuit in October 2, 2012 in New Orleans. In July 2013, the Fifth Circuit reversed the lower court in a 2-1 decision, ruling that law enforcement didn't need a search warrant to access historical cell site records.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

Tell your lawmakers: it's time to #MoveFASTR. Support public access to publicly funded research today. https://eff.org/r.2iql

Jul 28 @ 12:56pm

The public deserves access to the research it funds. Read @CreativeCommons on why -now- is the time to #MoveFASTR: https://eff.org/r.o0l4

Jul 28 @ 12:50pm

Over 1,000 users support our campaign to stop ridiculous copyright extensions in TPP. Sign on now: https://eff.org/r.bk2l

Jul 28 @ 12:10pm
JavaScript license information