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It's ten o'clock. Does the FBI know where you (or at least your cell phone) are?

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • February 11 2010

If the FBI wants to know where an individual is, and if the Department of Justice prevails in a case rescheduled for argument tomorrow in snowy Philadelphia, the FBI (or other law enforcement authorities) will be able to obtain that individual's cell site data from the individual's cellular carrier on a showing of "reasonable grounds" to believe that the data is "relevant and material to an ongoing investigation."

Law enforcement may obtain historical cell site data without warrant

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

Law enforcement officials are not ordinarily required under the Stored Communications Act, 18 U.S.C. 2701 et seq., to obtain a warrant in order to obtain historical cell site data of an individual from a wireless telecommunications provider, the U.S. Court of Appeals for the Third Circuit ruled