5th Circ. To Tackle Legal Gray Areas Of Cellphone Tracking

By Allison Grande (August 6, 2012, 8:22 PM EDT) -- The Fifth Circuit is gearing up to consider whether the U.S. government can access location data drawn from cellphone records without a warrant, in a case attorneys say could establish limits left unaddressed by the U.S. Supreme Court for obtaining tracking information held by third parties.

In an order issued Friday, the Fifth Circuit tentatively set oral arguments for the week of Oct. 1 in the government's appeal of a Texas federal judge's November 2011 decision that the Fourth Amendment prohibits law enforcement from accessing cellphone provider records without a warrant issued on probable case.

The order upheld a magistrate judge's...

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