Top NJ Court Backs Privacy Right For Cellphone Location Data

Law360, New York (July 18, 2013, 3:40 PM EDT) -- New Jersey residents have a constitutional right of privacy in their cellphone location information that blocks law enforcement officers from accessing that data unless they can obtain a search warrant based on probable cause or qualify for an exception, the state Supreme Court ruled Thursday.

The court upended a state Appellate Division decision that a burglary suspect whom police located with information from T-Mobile USA Inc. had no "constitutionally protected privacy interest" over that data. Police used three traces to track Thomas Earls in 2006 but...
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