DC Court Leaves Cellphone Search Question Up In The Air

By Allison Grande (December 17, 2012, 10:21 PM EST) -- A Washington federal judge on Friday declined to determine whether police violated the Fourth Amendment when they obtained cellphone location records without a warrant, missing an opportunity to address a divisive constitutional question that attorneys say demands clarity from either courts or legislators.

U.S. District Judge Ellen Segal Huvelle upheld the government's ability to use cell-site data as evidence in the retrial of suspected drug dealer Antoine Jones on the grounds that the police had acted with "an objectively reasonable good-faith belief that their conduct was lawful," a narrow ruling the court acknowledged allowed it to sidestep "the vexing question of...

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