The decision stemmed from a case in 2006 when law enforcement agents intercepted phone communications from a known drug trafficker without a warrant. The information gave them the location and vehicle information for a buy carried out by a courier known as Big Foot. Using information obtained from Big Foot’s pay-as-you-go cell phone, police tracked the path of his RV from Arizona into Texas, then moved in to arrest him after he picked up a shipment of 1,100 pounds of marijuana.
Big Foot, also known as Melvin Skinner, was sentenced to over 19 years in prison. However, he appealed based on the fact that police tracked his phone without a warrant.
It doesn’t matter, the Sixth Circuit ruled, equating the phone tracking to more familiar methods of catching a crook. “If a tool used to transport contraband gives off a signal that can be tracked for location, certainly the police can track the signal,” the opinion reads. “The law cannot be that a criminal is entitled to rely on the expected untrackability of his tools. Otherwise, dogs could not be used to track a fugitive if the fugitive did not know that the dog hounds had his scent. A getaway car could not be identified and followed based on the license plate number if the driver reasonably thought he had gotten away unseen. The recent nature of cell phone location technology does not change this.”
Unsettled Law
Federal and state laws are still unsettled about exactly when law enforcement needs a warrant to obtain personal cell phone information. As far as location tracking, the United States Supreme Court ruled in February that police must have a warrant to attach a GPS device to a person’s car. Although the decision did not extend to cell phones, a concurring opinion signed by four justices said that it should.
The Sixth Circuit Big Foot ruling takes the opposite tack, reasoning that suspects using phones are circulating in public areas where they might reasonably be observed anyway. “The court rejected Skinner’s argument that the DEA agents never established visual surveillance of his movements, didn’t know his identity, and didn’t know the make or model of the vehicle he was driving,” writes Steven Schwinn, a law professor at the University of Chicago, on the Constitutional Law Prof Blog. “It said that Skinner’s movements could have been observed by any member of the public –and that he therefore had no reasonable expectation of privacy — even if they weren’t actually observed by DEA agents.”
Another professor notes that the court doesn’t fully resolve a distinction between police actively and passively tracing cell location data. “The opinion seems pretty vague on the technological facts,” writes George Washington University Law Professor Orin Kerr on the Volokh Conspiracy law blog. The court’s ruling goes back and forth suggesting that the police used GPS data that the phone automatically transmits to the carrier, and/or “pinged” the phone to find its location.
“The murkiness of the facts are particularly unfortunate because the reasoning of the majority opinion relies heavily on cell phones broadcasting location information as just part of the way that they work,” Kerr writes. “But if pinging the cell phone means actively sending a request to the phone to return its current GPS location, that’s not just how cell phones work: That’s the product of the cell phone provider setting up a mechanism by which the government can manipulate the phone into revealing its location.”
The opinion could be headed to the Supreme Court for a final ruling, but in the meantime anyone who carries a cell phone, criminal or otherwise, is subject to police tracking — without a warrant.
77 comments:
Very reminiscent of Bush Jr.'s Patriot Act, don't you think? We can tap your phone as long as we say it's to help catch terrorists. I'm all for catching people doing bad things through the use of their own technology they are too stupid to secure, but if it is their own personal property that they have legally obtained a warrant should be required to use that property as incriminating evidence. Saying that the government can track you without a warrant simply because the signals coming out of your cell phone or your GPS are in the government's air space and they can find out your location is basically like the government saying they don't need a warrant to break into your house because it's in the United States and you're listed in the phone book. A warrant should be required for obtaining anyone's personal property to be used as incriminating evidence against them in an American court of law, end of story.
What happened to our privacy? Are we, as Americans not guaranteed the right to know when and why policemen are tracking our cell phones? Sure it could help catch criminals but is that truly what is best for the society as a whole? I do not believe that allowing policemen to track our cell phones without a warrant is justified. Cell phones are as much as our possession as our homes. Is it not true that we pay the bills for our homes and cell phones? So why is it okay for policemen to track our self paid cell phones without a warrant while searching our homes requires one? It is not okay and the Sixth Circuit should be eliminated as a law of today. People have a right to their privacy and the government has no other job but to honor the needs of the people.
I think this is a step in the right direction for law enforcement.Not needing a warrant to track you thrugh your phone poses as no threat to your personal privacy especially compared to invading your house. Criminals are always on the run and what better way to find them than through their cellphones. This could also provide court cases with the evidence they would need on who a suspect had contact with and the whereabouts of a suspect. Sometimes getting a warrant for a house search can take days, but through a phone tracker finding someone could take only minutes. When it comes down to it everybody is in favor of tracking down a suspect, wanted for an infamous crime, no matter the means. In a society we live in today something like this needs to be put into affect.
This is bound to happen- and this breach of privacy will only get more severe as technology advances. There is no avoiding it- we want access to the world at the tip of of fingers, and in return the world will have access to us. So does safety trump privacy? Or the other way around? I believe allowing the police and the government complete access to our personal lives could easily be taken advantage of. It’s one step closer to giving the government complete control. One more tool for manipulation and corruption. I believe tracking cell phones could indeed be helpful, but how many times will the ACTUALLY catch a criminal that way? It may be a good thing- but there should be intense regulations about it.
People living in the Untied States should have a right to privacy. If you are on your own property, in your own house or building, then no one should be able to drop in on you or your conversations with anybody. But, if you are outside in a public place where anyone can watch you, then you are obviously not going to have privacy. Now, cell phones should be the same way. If the imformation that your cell phone is giving off accessible to other people or companies then the police should be able to use that information to help solve crimes.
I think that having the police tracking your cell phone is very convenient for them and sometimes, even for you. The example of having them to be able to track your phone is when you lost your phone, or someone stole it, the police can trace it and give it back to you. I mean if you are not doing anything illegal, you have nothing to hide. Plus, if they don't find anything suspicious on your cell phone, they probably won't do anything because it's a waste time. So right now, I don't have anything against it.
It is pretty crazy that Police can intercept your phone communications. I think that Police should need a warrant to track any data on your cell phone or
intercept any communications that are on your personal cell phone. It is violation of privacy when someone is listening to your phone calls and reading your text messages so that should be a crime unless they have a specific warrant with a valid reason to track/intercept data and communications from your cell phone. To locate exactly where
someone is also a huge violation of privacy and it is good that police must have a warrant to attach a GPS device to a person's car to track their lactions.
It is pretty crazy that Police can intercept your phone communications. I think that Police should need a warrant to track any data on your cell phone or
intercept any communications that are on your personal cell phone. It is violation of privacy when someone is listening to your phone calls and reading your text messages so that should be a crime unless they have a specific warrant with a valid reason to track/intercept data and communications from your cell phone. To locate exactly where
someone is also a huge violation of privacy and it is good that police must have a warrant to attach a GPS device to a person's car to track their lactions.
I believe that the police have the right to track your phones current location. If a citizen is abusing the law by sneaking in drugs/ weapons or any other illegal items then they should be caught and be put into jail without a warrant! Most of the population does not want strangers driving around their street with drugs or guns making deals in front of their families homes or work places.
Cell Phone tracking is an invasion of privacy. Police should only be allowed to invade your privacy with good reason not at their leisure, requiring them to get a warrant. This issue is no different from privacy of the home where police need a search warrant even if their is incriminating evidence on the other side of the door. Sixth circuit argues that because the public can see a phone that means its ok for police to track their phone. First of all, the public can't physically track someone's phone using GPS, secondly that's like saying that if you can see someone's house then you can legally find out all the private information associated with it. I don't know about you but I wouldn't want my salary or electric bills to be accessible to the public and wouldn't want the police to have access to my bedroom just because I look funny.
This was something I did not know. From watching a lot of cop and investigative shows they seem to always call suspects and try and find their GPS location with out a warrant. Because it is so common on television I have never thought of finding a persons GPS coordinates as invading someone's privacy. So in turn regarding the case on the drug catch I think it didn't really call for a warrant in the first place.
Privacy has always been an issue and even more so today. Today it is so hard to know what is privacy and public. Is anything even private anymore anyway? Our emails can be track, our IP addresses can be track, our texts can be track, we can track ink to the exact printing cartridges, we can track serial numbers, credit cards and products can be track to the warehouse they were produced, the websites we visit are track. All of this happens without our consisted. Nothing is truly private anymore. So what if the police can look at our phones, if you do not have anything to hide then who cares. As long as the police have a reasonable reason before they decide to use the location data that is being transmitted from our cell phones and there is some restriction keeping the police from seeing our conversations or pictures then fine by me. In the end they caught a man who is dangerous and may have saved some lives along the way. There isn’t anything wrong with that
Honestly, i don't see why if your at home minding your own business, why its such a big deal for the police to be able to track you with out a warrant. If you aren't doing anything bad, whats the problem? I guess it may come across as an invasion of privacy, but its not like they are using a camera to watch your every move, like taking a shower and using the restroom. And mind you that they have always been able to track you anyway they just needed a Warrant. Its just easier for them to protect us now without going through a lot of trouble. I think its a good way to keep our society safer.
Tracking information on someone's phone is invading privacy. I personally think they should have a warrant to track anything on your phone. Your phone is a personal item and if you don't allow your friends look at it then why should an officer be able to? Yes it obviously would help to solve crimes, but if they need a warrant to search your house or car than they need a warrant to take any kind of information from your phone. It is a privacy issue.
By tracking people’s cell phones police are advancing their security options. For instance, if a police is able to catch a criminal through this it would be very fitting to have this type of access. Not only does this provide protection, but it also offers even more methods to capture offenders .While it is controversial about invading on people’s privacy, it is done for the safety and justice of humanity.
I do not see this as an invasion of privay. Our technology has come so far and this seems to be a reasonable and reliable means of catching the "bad guys" out there. Some of the public complain about violations of privacy when, on their Facebook page they just checked in to a restuarant. They just told whoever else was on Facebook that they are not home. They informed everyone out there where their exact location was and who they were with. How is this any different? If you have an updated, inteliigent phone and you have the location services turned on, you should not feel violated. If you are worried or feel like you are being violated, you must be doing something against the law.
I don't think it's necessary to have a warrant to track a person's phone as long as they have valid reasons for doing so. Some people can argue that it is an invasion of privacy, but its not as if the police are just going through everyone's phone records and information, hoping to catch criminals or come across any signs of criminal activities. If the police or general people receive a signal from your phone that has your data and they find something illegal or wrong within it, they should have the right to use that information against you. If the police happen to come across helpful information by chance, it is not their fault, as long as they use it to benefit the community.
I don't think it's necessary to have a warrant to track a person's phone as long as they have valid reasons for doing so. Some people can argue that it is an invasion of privacy, but its not as if the police are just going through everyone's phone records and information, hoping to catch criminals or come across any signs of criminal activities. If the police or general people receive a signal from your phone that has your data and they find something illegal or wrong within it, they should have the right to use that information against you. If the police happen to come across helpful information by chance, it is not their fault, as long as they use it to benefit the community.
This can be played for both sides of the argument, criminals yes indeed are technically wronging society by breaking laws. But whether criminals are breaking laws or citizens living their lives in public places and mediums, does this mean law enforcement agencies can legally track you based on the personal conversations on your cell phone? Do law enforcement agencies know the fine line between "criminal" and "law abiding citizen"? This is the dilenma that we come across when seemingly not so private information is used at the will of law enforcement agencies.
There has to be a line drawn to how far the police can go. Every one deserves the right to privacy. Yes it may help them find the criminal, or lead them to other things that might help, but still, privacy matters. Everyone has something they wouldn't want broadcasted to the world. That's why we have privacy, I don't believe its fair that the police are allowed to search through phone's without a warrant. We aren't allowed to look through their phone's, without their permission, without consequences. So why should there not be a line to how far they're allowed to go? A warrant needs to be required in order to obtain the information of an individual without their permission.
There is very little privacy that we as Americans are being allowed nowadays. It is completely wrong of the police to be able to track what we are doing without a warrant. Also, there is no possible way for police to be able to track every single active cell phone. The Sixth Circuit needs to be revoked and the citizens allowed their privacy
Many Americans see cell phone tracking as an invasion of privacy and right fully so, but if that information is held in the hands of law enforcers for the protection of the people I believe that they should be trusted with it until they prove otherwise in which event it would then only be admissible with the use of a warrant. Though as a precaution they should also require proof of the accused being present because it is not uncommon for phones to be lost or stolen. However, in times such as these the ability of the law enforces to act swiftly and decisively can increase safety in the homeland. Encroachment on privacy aside, until such time as it proves ineffective in swiftly !gathering information! there is no need for enforcers to be bogged down by a warrant when it has potential to benefit the people.
Many Americans see cell phone tracking as an invasion of privacy and right fully so, but if that information is held in the hands of law enforcers for the protection of the people I believe that they should be trusted with it until they prove otherwise in which event it would then only be admissible with the use of a warrant. Though as a precaution they should also require proof of the accused being present because it is not uncommon for phones to be lost or stolen. However, in times such as these the ability of the law enforces to act swiftly and decisively can increase safety in the homeland. Encroachment on privacy aside, until such time as it proves ineffective in swiftly !gathering information! there is no need for enforcers to be bogged down by a warrant when it has potential to benefit the people.
I dont think in this case cell phone tracking is a violation of privacy. I also dont think there is any harm for the the police to be able to track ur phone by gps. In other words if your not doing anything wrong then why worry. If your not doing anything wtong then your coordinates are just another number to the police. I think its a smart idea especially know in our technology society.
I dont think there is anything wrong with the police being able to track a person using the gps without a warrant. If a person isnt doing anything wrong then your coordinates and where abouts mean nothing to the police. So why worry if you're doing nothing wrong. I believe its a smart thing to use when were moving up in technology, might as well use it to every advantage.
There's a blatant relationship between technological advancement and the level of privacy an individual has. Privacy is not being held at the right perspective nowadays. And now we have nifty tools on the table to easily invade it. See, we have a problem here: a problem of ethics. Should we catch this wanted drug dealer and use technology that tracks one's precise location to make sure he doesn't get away? Or you know, respect their privacy and do it the hard way?
I guess the concept is sitting on shaky ground since the majority of people really want to get the bad people contained, with ethics in mind or not. Still, respect is key. Acquire a warrant.
Now, my problem with this concept is that it can easily be used on regular, innocent people. Technology like this has no hope for being contained. My suggestion is: know if it's the real deal then use the complicated technology without permission.
It's a true invasion of privacy. If police want to search our homes they need a warrant, but they don't need one for watching our every move? Crazy. The government either needs to come forward and announce this to the entire population and make them aware of what's going on, and have people vote/decide on a course of action, or they just need to back off all together.
Honestly, i don't see why if your at home minding your own business, why its such a big deal for the police to be able to track you with out a warrant. If you aren't doing anything bad, whats the problem? I guess it may come across as an invasion of privacy, but its not like they are using a camera to watch your every move, like taking a shower and using the restroom. And mind you that they have always been able to track you anyway they just needed a Warrant. Its just easier for them to protect us now without going through a lot of trouble. I think its a good way to keep our society safer.
Honestly, i don't see why if your at home minding your own business, why its such a big deal for the police to be able to track you with out a warrant. If you aren't doing anything bad, whats the problem? I guess it may come across as an invasion of privacy, but its not like they are using a camera to watch your every move, like taking a shower and using the restroom. And mind you that they have always been able to track you anyway they just needed a Warrant. Its just easier for them to protect us now without going through a lot of trouble. I think its a good way to keep our society safer.
Big Brothers watching. The article states that people with cell phones do not expect privacy. People with cell phones want to be easily accessible but they definitely still want their privacy. Tracking a persons phone with out a warrant, especially someone who has not committed a criminal act, is an extreme invasion of privacy. Cell phones were made to make it easier to get ahold of people and we should not have to be afraid to have a cell phone because the government could be stalking us through it. Is it not also an infringement on our inalienable right to freedom to have them potentially watching over us and knowing where we are all the time?
I believe that this situation falls under collective punishment. Remember when that one little kindergarten child would do something of a bad extent then the whole class would be stripped of their fun activity, or even during the TAKS test when a phone goes off everyone’s test is taken up. “Big Foot”, or Melvin Skinner, is that cumbersome kindergartener because he was tracked with his pay-as-you-go cell phone that led police to a fairly large drug bust, and now most of the police force deems that a lot of crime can be detected and stopped with the location device in our cell phones. The Sixth Circuit Bigfoot ruling is still an unsettled debate, because state and federal laws don’t know when “law enforcement needs a warrant to obtain personal cell phone information.” I think this whole opinionated situation is very vague, because they haven’t established when and in what situations, besides contraband acts, they would use our cell phone location, and from this article it seems like the law enforcement does not care for the general populations’ privacy. I would not worry about the law enforcement tapping into your cell phone location, unless you are involved in contraband affairs and in that case maybe you would think twice about committing them.
Well, seems like George Orwell was somewhat right about the future from his novel Nineteen Eighty-Four (just no where near as extreme). I'm down with catching the bad guys, but a total disregard of a citizens privacy without even a warning is stepping over the line. We were born with the unalienable rights, and our privacy is one of the most important. I want to feel safe in our country and not have to worry about what I say in my own home, on the internet, or over the phone. Warrants should be required for everything.
I think that if you are at your own house, then they shouldn't be able to hear your conversations, you are in the privacy of your own home. Now if you are out where anyone can see you or hear you that's different. Also it can come in handy. If you call the police because you are in trouble, they can track you and come help as soon as possible. Especially if you aren't able to say much because you're in danger. Police tracking your cell phone definitely has its pros and cons.
I think that if you are in the privacy of your own home than the police shouldn't track your phone or listen in on your conversations. Now if you are put in public where anyone can see or hear you that's different. Also if you are in trouble and need to call the police, they can track you and help. Expcially if you can't talk very much because you are in danger. There are definitely pros and cons to having the police track your phones.
I'm not surprised by this. I know that there isn't any amount of privacy in cell phone usage, and there isn't any way that we could obtain privacy concerning cell phones. It's important for law enforcement to be able to track criminals through their phones. Obtaining a warrant to track someone's cell phone would waste time and make it more difficult to catch them. Cell phone data is different from other properties. The public can't track your house or what's inside of it, but anyone really could track what's on your cell phone. So, I don't really understand why it's a big deal.
This is a violation of our privacy. We pay for our phones, so that we may use them as we please. I do not believe that the police are justified in tracking our cell phones. Not only does this violate our privacy but it also violates are rights. If police now have this technology whose to say others wont soon try to use and manipulate this technology for their own personal gain. This new ruling could eventually lead to the abuse of cell phones and could have a negative impact on our society.
This is definitely an eye opener. I'm all for the government doing whatever it takes to catch a criminal, but it seems like they could use this for a number of different things, seeing as they could track ANY one person they want. It's ideal in catching a criminal, but (even if you aren't doing anything criminal or suspect) it's a little disturbing knowing that authorities could read or listen to any of your conversations at anytime. It partially seems like a step in the right direction for tracking criminals, but in some ways it also seems like an invasion of privacy.
I have no issues with the police tracking our cell phones. The constitution of the United States is "to promote the general Welfare", and the police are maintaining that by phone tracking. No one is ever going to be satisfied, the police try to keep "crooks" off the street (by phone tracking) and people get mad. If the police did little to nothing about this situation people would still get mad. Either way you look at it law enforcement is going to get blamed for taking too much or too little part.
I believe that the police do have the right to track your cell phone. If they track the phone of the criminals who might be doing illegal things then they can easily track them. They can track a phone without a warrant considering they already do it in crime shows when they are trying track the criminal and plus it is already on television. It's not that they are invading their privacy; they are just doing their jobs and saving people from the criminals. They can get information much faster and it may be easier for them to catch them.
I believe that the police do have the right to track your cell phone. If they track the phone of the criminals who might be doing illegal things then they can easily track them. They can track a phone without a warrant considering they already do it in crime shows when they are trying to track the criminal and plus it is already shown on television. It's not that they are invading their privacy; they are just doing their jobs and saving people from the criminals. They can get the information much faster and it may be easier for them to catch them.
I believe that the police do have the right to track your cell phone. If they track the phone of the criminals who might be doing illegal things then they can easily track them. They can track a phone without a warrant, considering they already do it in crime shows when they are trying to track the criminal and plus it is already on television. It's not that they are invading their privacy; they are just doing their jobs and saving people from the criminals. They can get the information much faster and it may be easier for them to catch them.
I feel that there is a certain extent where privacy should set limits and boundries. Without a proper warrent there should be laws set agianst the tracking of someones cell phone. In the article it states there must be a warrent set to put a GPS on vehicles so why is the tracking of location on a cell phone any diffrent? Yes, it could be a convient way to catch criminals but as a overall sitution it would only bring negativity to the society. It would overwhelm Americans with a sense of fear knowing thier privacey is non existent.
The world today is so dependent on technology, it only makes sense for the police to start using cell phones to track the location of suspects or criminals. Even though I still believe in privacy, I believe that the authorities should have access to the location of these now portable 'trackers'. If they are using this system for the good of the people, by all means, use it. As long as this warrent-free search isn't taken advantage of or placed in the wrong hands of power, it should be allowed.
I think that Police having the power to track your cell phone without a warrent can be very beneficial. If you are in a bad situation and need help, the police can track your phone with no problem as opposed to having to get a warrent before doing so. That not only gets you out of the situation faster but it lets them find you faster. If someone is worried about their cell phone being tracked by police without a warrent, should they be asking themselves why they are so worried if the police have that access in the first place?
I think that officials should not need to serve a warrant to track a cell phone.When people purchase a phone they know that it is able to be tracked. If a person is going to use their phone while commiting a crime, they should be aware that if caught police and government agencies will use what ever they can as evidence. Also, if it were to become illegal for police to track a person's cell phone without serving a warrant, then we would have a bigger problem. Tracking a cell phone has led to many rescues of missing or lost people, so how would we be able to track their phone if we cant find them to give them a warrant.
Warrantless tracking should be used only in rare cases, it should be a last resort during emergencies. If tracking without a warrant is allowed in all situations, it will be misused. Investigators could be tracking phones for the wrong reasons, possibly for their own personal benefit. Also, the public might wonder, if the police can do this, why can't i? We have the right to privacy, our liberty is more important.
Warrantless tracking should be used only in rare cases, it should be a last resort during emergencies. If tracking without a warrant is allowed in all situations, it will be misused. Investigators could be tracking phones for the wrong reasons, possibly for their own personal benefit. Also, the public might wonder, if the police can do this, why can't i? We have the right to privacy, our liberty is more important.
Privacy is almost non-existing nowadays. Anyone can find information about a particular person with ease. Implementing a law that requires law enforcement to obtain a warrant to search your phone will give people back some privacy that right now they do not have. Personally I think its ridiculous that anybody can access information about you without even knowing about it.If this law in the future is enforced it will allow people to know that no one is accessing their info for a wrong purpose.
This generation is based on technology and all communication is through cell phones. Because of this, sure catching criminals through tracking cell phones is a great idea, but I believe there should be a need for a warrant in this process. Whether you are hiding anything or not, your cell phone is private. As Americans we have a right of privacy and a warrant is needed through any accusation. If a warrant applies to searching our homes, why shouldn't it apply to the possession of our self paid cellphones.
This is one of those matters that is not white or black. There are many shades of grey in between. This issue has a line which has yet to be determined. How far can a government go without a warrant as far as tracking your or finding incriminating evidence by violating your privacy? This is a very tricky situation to deal with and I have no proposed solution because these act of "violation" does eventually lead them to criminals who are breaking laws. There are positive outcomes to a seemingly negative action. I also believe that if you have nothing to hide then you wont object to this because tracking particularly cell phone signals, is a fairly innocent act that doesn't really reveal that much about you. I agree with this completely because it seems like a necessary action but I'm not sure at what point, we will encounter the line and things comparable to cell phone tracking will transition from warranted invasion of privacy to unwarranted.
This is one of those matters that is not white or black. There are many shades of grey in between. This issue has a line which has yet to be determined. How far can a government go without a warrant as far as tracking your or finding incriminating evidence by violating your privacy? This is a very tricky situation to deal with and I have no proposed solution because these act of "violation" does eventually lead them to criminals who are breaking laws. There are positive outcomes to a seemingly negative action. I also believe that if you have nothing to hide then you wont object to this because tracking particularly cell phone signals, is a fairly innocent act that doesn't really reveal that much about you. I agree with this completely because it seems like a necessary action but I'm not sure at what point, we will encounter the line and things comparable to cell phone tracking will transition from warranted invasion of privacy to unwarranted.
With all the new technology of course something like this was going to happen. But is it a bad thing? If used correctly i don't believe so. This could be helpful to our safety because it could prevent criminals from escaping as often as they do. Its just like those trackers your parents put into your phone. You always don't know that it is there, but its there for your safety and protection. However, precautions have to be taken to make sure this is not abused.
In a society where technology is an ever increasing presence, advances in criminal law are a natural accommodation. While attempting to maintain order in society, the government will inevitably encroach upon some private areas. Therefore, there should be boundaries that prevent an excess of access, but simply tracking the location of a phone falls short of condemnation. While I might agree that a warrant should be necessary in order to search a home, it is an overly time consuming hazard for someones location. In the 2006 case mentioned above, the use of technology proved to be a clever form of problem solving that allowed authorities to arrest Melvin Skinner during illegal activity. This case proves that permitting the government to locate suspects through the use of cell phones is effective and essentially beneficial for the larger population. I do recognize that approving this right, like any decision, belief, or choice, has a long list of consequences to accompany it. Allowing the government an almost unlimited form of access to the majority of the population's location is a breach of privacy and may be perceived as an unlawful use of power, however I believe the people who will be most affected by this new form of observation will be those already associated with questionable activity. In this scenario, if handled correctly and with respect, the ends more than justify the means.
6th Period
As techological innovations advance grow much more complex within each year, by that we have the capacity to do much more things easily. This does not give civilians or officials the right to do so. Cellular tracking without a warrant should only be allowed in certain situations. This is a touchy subject that not all citizen would take lightly because its their privacy thats on the line. Sure it makes the lives of law enforcement easier but what about the millions of civilans? Our cell phones are as much of our possesion as our house, cars and land property. its dishonarable of all law inforcers that do not conserve the lives of the citizens they protect and only enfore the not the no need of a warrant to those the threaten the citizens protection.
Well mr.perry this could go both ways... Obviously the invasion of privacy helped the police tremendously, but when will it be considered as going too far.
Without tapping the cell phone they probably wouldn't have found this truck for another month or two maybe not even at all. While with this ability they are stirring up the population, especially those who believe the government is corrupt to begin with. There is a line between using resources and abusing a power. In my opinion this act is justified, although those people who believe the gov. is corrupt have a point. We don't know exactly what they are doing or who they are tapping, which makes this whole experience a tad creepy/intimidating.
Cell phone-tracking by police is controversial because it infringes on the constitutional right of ones privacy. However, I believe that it is to our benefit that we allow police to use cell phone-tracking for the following reasons. First, criminals will be taken off the street quicker, with much more efficiency and eliminating what seems endless paper-work that is necessary to prosecute, what is in our view, criminals. Second, if police should have this right, it will make it harder for criminals, such as drug traffickers, to communicate and follow through with illegal acts. Third, with current smart phones, many applications -known as Apps- require the location of the user for them to work properly. So why should the police not also have access to this information? Based on the end result, more criminals will be convicted and there will be less illegal activity benefiting society in general. Therefore, I support the use of cell information to track, locate and prosecute criminals. However, criminals will find another way to communicate and as a result police will need to counteract and find ways that are supported by the legal system and can be used to prosecute criminals.
Cell phone-tracking by police is controversial because it infringes on the constitutional right of ones privacy. However, I believe that it is to our benefit that we allow police to use cell phone-tracking for the following reasons. First, criminals will be taken off the street quicker, with much more efficiency and eliminating what seems endless paper-work that is necessary to prosecute, what is in our view, criminals. Second, if police should have this right, it will make it harder for criminals, such as drug traffickers, to communicate and follow through with illegal acts. Third, with current smart phones, many applications -known as Apps- require the location of the user for them to work properly. So why should the police not also have access to this information? Based on the end result, more criminals will be convicted and there will be less illegal activity benefiting society in general. Therefore, I support the use of cell information to track, locate and prosecute criminals. However, criminals will find another way to communicate and as a result police will need to counteract and find ways that are supported by the legal system and can be used to prosecute criminals.
I think that if police have a reason for tracking your cell phone for example if you are a person of interest related to a crime they should be allowed. Just as this article shows It can be very helpful in catching criminals. However there should be some guide lines set up first. I do understand the arguement that it violates but, lowering the crime rate is important as well. Tracking peoples phones can be beneficial in multiple ways.
This is just appalling to me! I can't believe this is happening now; yes it could be a useful thing in catching drugs, or other illegal items. But how many times will they actually be caught? And the people distributing the items will just find ways around the tracking as they always have. Americans deserve a right to some privacy, no one feels safe with no privacy any more and personally I think that just makes them want to lash out even more with violence. So I think that the no warrant it just a call for violence in the long run. Privacy isn't much to ask for, but yet nowadays its extremely hard to get even if you can.
It seems that the government is doing what it always does. Am I surprised? No. The government has been doing things like this for years. Just like before they try to justify it by "catching criminals". I mean if it works let them do it BUT they must have intense regulations with when they are allowed to do it. Them invading our privacy is a very scary thought. To me, they will always do it whether we think it's right or not. The only people who would have major disapproval with this would be those who have something to hide.
The fact that the police were able to intercept the the phones communication and do a drug bust shows what is capable of being prevented if the cause were perhaps a terrorist attack. Although it is an invasion of privacy, we can no longer expect that people are never being watched or listened to. The more advanced we become in this technological age, there will be more advances in how to intervene in people's life. If we never had these skills of tracking GPS or IP addresses, how would we find pedophiles looking at child pornography or perhaps the next attack on Americans or anyone. Though we lose our some privacy, we gain some protection in knowing that threats can be prevented. The use for a warrant I believe should only be used if you are suspected of committing a crime so the police can due further more investigation, not just for their use of intercepting whatever phone line they wish to.
The fact that the police were able to intercept the the phones communication and do a drug bust shows what is capable of being prevented if the cause were perhaps a terrorist attack. Although it is an invasion of privacy, we can no longer expect that people are never being watched or listened to. The more advanced we become in this technological age, there will be more advances in how to intervene in people's life. If we never had these skills of tracking GPS or IP addresses, how would we find pedophiles looking at child pornography or perhaps the next attack on Americans or anyone. Though we lose our some privacy, we gain some protection in knowing that threats can be prevented. The use for a warrant I believe should only be used if you are suspected of committing a crime so the police can due further more investigation, not just for their use of intercepting whatever phone line they wish to.
The fact that we basically no longer have any privacy with our cell phones in a way makes it look like we are all criminals. Though this step in being able to track down criminals is faster and easier, it is unfair to the Americans that have nothing to do with criminal acts. In a way, there could possibly be a way for a criminal, now that it's been stated that police don't need warrants to check cell phone locations, might find a way to get an innocent bi-standard under arrest by putting a cell phone in their purse or jacket. It's only a matter of time before a criminal actually might think of things like that. But I feel that the police do need a warrant to track phones for safety of everybody. There are pros and cons to whichever way the decision goes but I believe that a warrant is needed.
The fact that the police were able to intercept the the phones communication and do a drug bust shows what is capable of being prevented if the cause were perhaps a terrorist attack. Although it is an invasion of privacy, we can no longer expect that people are never being watched or listened to. The more advanced we become in this technological age, there will be more advances in how to intervene in people's life. If we never had these skills of tracking GPS or IP addresses, how would we find pedophiles looking at child pornography or perhaps the next attack on Americans or anyone. Though we lose our some privacy, we gain some protection in knowing that threats can be prevented. The use for a warrant I believe should only be used if you are suspected of committing a crime so the police can due further more investigation, not just for their use of intercepting whatever phone line they wish to.
The tracking system that the Police used to find the criminal seems insane. But it was only a matter of time until this issue was going to arise, especially with the never ending advancements in technology. While the tracking method proved to be incredibly successful, the Police should need a warrant to track a suspect’s every move before invading the privacy of an individual who has the right of privacy. Also, some kind of rule should be made restricting the type of personal tracking technology being available to the public because if that were to happen then nobody would have privacy over their movements without the possibility of some random individual relaying and recording their exact movements, and as technology advances, possibly their conversations as well. While the Police’s tracking method is similar to several applications where individuals are able to view where their friends are or locate a possibly stolen phone, those applications require the consent of each party to grant GPS tracking availability to the other individual. By ignoring the consent of the other party, the Police are directly violating that person’s privacy and should only be allowed to use that form of technology when they have evidence that someone is executing a serious offence, it is only with proper evidence the Police should be allowed to obtain a warrant and detect the users cell phone.
The tracking system that the Police used to find the criminal seems insane. But it was only a matter of time until this issue was going to arise, especially with the never ending advancements in technology. While the tracking method proved to be incredibly successful, the Police should need a warrant to track a suspect’s every move before invading the privacy of an individual who has the right of privacy. Also, some kind of rule should be made restricting the type of personal tracking technology being available to the public because if that were to happen then nobody would have privacy over their movements without the possibility of some random individual relaying and recording their exact movements, and as technology advances, possibly their conversations as well. While the Police’s tracking method is similar to several applications where individuals are able to view where their friends are or locate a possibly stolen phone, those applications require the consent of each party to grant GPS tracking availability to the other individual. By ignoring the consent of the other party, the Police are directly violating that person’s privacy and should only be allowed to use that form of technology when they have evidence that someone is executing a serious offence, it is only with proper evidence the Police should be allowed to obtain a warrant and detect the users cell phone.
When parents check their childs cell phones most cry in outrage and say it is an invason of their privacy. I agree with the police but only in such a case that involves probable cause just like when they search vehicles during routine traffic stops. Now i don't think it gives them the right to have the location of every person with a cell phone like in the Dark Knight. Morgan Freeman says it best " this is too much power for one man"
With the technology we have today, one has to realize how easy it could be for the line between "privacy" and "protection" to get blurred.
I look at this situation from the same perspective that I do of social media: Whatever is posted/sent should be something you wouldn't mind your grandmother to see/read/hear about. Today, employers and colleges can access our social media accounts such as Facebook and Twitter; it doesn't matter if they have the proper privacy settings. The internet and technology "remember" everything, so it is better not to do anything indecent or stupid to cause trouble for yourself in the long run.
I do agree that it is a major invasion of privacy, and on a basis of principle I do not agree with this completely; however, I have done nothing which would cause any need to tap phone calls or use GPS to find my location.
So why is it okay for our employers and professors to utilize technology to view our activities, but not our government who's main task is to keep us "safe"?
With the technology we have today, one has to realize how easy it could be for the line between "privacy" and "protection" to get blurred.
I look at this situation from the same perspective that I do of social media: Whatever is posted/sent should be something you wouldn't mind your grandmother to see/read/hear about. Today, employers and colleges can access our social media accounts such as Facebook and Twitter; it doesn't matter if they have the proper privacy settings. The internet and technology "remember" everything, so it is better not to do anything indecent or stupid to cause trouble for yourself in the long run.
I do agree that it is a major invasion of privacy, and on a basis of principle I do not agree with this completely; however, I have done nothing which would cause any need to tap phone calls or use GPS to find my location.
So why is it okay for our employers and professors to utilize technology to view our activities, but not our government who's main task is to keep us "safe"?
In our age of technology, it is very easy for the line between "privacy-invasion" and "guarding" to be blurred.
My view on this is the same as my view on social media such as Facebook and Twitter: Do not post anything you would not mind your grandmother to read, see, or hear about. It has been acknowledged that colleges and employers have the ability to view our pursuits on the internet and through our social media even when we have our settings to private.
I realize that government advisory is a much greater scale than social media advisory by employers, and by principle, I do not agree with it fully; however, this does not change the fact that the use of taping phones and GPS locations has brought people to justice and also cleared names.
Why should we be okay with our employers and schools being able to pursue our happenings through technology, but not our government who's goal in doing this is to keep us "safe"?
I think the police shouldn't be able to check your phone unless they are given a previous reason to. Unless something suspicious comes up.
The police shouldn't be able to check your phone unless they are given a previous reaso to. I don't think they should have the right to just do it on their own without a real excuse.
Is our privacy not important to the American people? Yes, everyone does want to catch criminals, but at what cost? When does it become okay to invade that privacy? It's a double standard. We don't see police officers using evidence they've found in a home they searches without a warrant! So why is it okay for a cellular device? In my opinion, stick with the rules for everything. Invasion of privacy without the warrant should be out of the question.
I think everyone should have seen this coming. Although a complete invasion a privacy, cell phone tracking will be very beneficial to law enforcement. I do think that a warrant should be made. Tracking someone's phone without a warrant is basically like invading someone's home without a warrant. I believe that law enforcement is misusing its athority.
Our privacy is one of our most precious freedoms. Although I see how this method of locating people can be useful, it can be easily abused and highly invasive. The police should definitely have to obtain a warrant to track somebodies phone, especially because we live in a time when our whole lives can be stored on our phones. The government should be able to track whoever they want to whenever they want to, and if they have proof that it is necessary and justified then sure they can do it. But they don't need proof, and I think that is a disturbing breach of trust between the government and the citizen. We don't need to be tracked, and our privacy should be respected and protected until we have done something that deserves its loss.
A cell phone can hold a huge part of someones life. With that they should be allowed to have privacy. WHy do you think the phones coming out today give you the option to lock your phone allowing you to full access? Everyone deserves their privacy whether they be a drug dealer or just a regular civilian. No one has the right to just invade the privacy of others just because you can. Now if you have a warrant that is a different story but until then it's just not right.
I personally am not against it. In certain cases, it can save a persons life. If a creep kidnapps a little girl, and holds her captive, the police can see track his phone and quite possibly save the little girls' life. And if you're not doing anything wrong on your phone why should you be worried about privacy? I know it's a personal thing, but don't do anything illegal and you don't have to be worried about it!
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