Cellphones Increasingly Used As Evidence In Court 232
Hugh Pickens writes "The NY Times reports that the case of Mikhail Mallayev, who was convicted in March of murder after data from his cellphone disproved his alibi, highlights the surge in law enforcement's use of increasingly sophisticated cellular tracking techniques to keep tabs on suspects before they are arrested and build criminal cases against them by mapping their past movements. But cellphone tracking is raising concerns about civil liberties in a debate that pits public safety against privacy rights. Investigators seeking warrants must provide a judge with probable cause that a crime has been committed, but investigators often obtain cell-tracking records under lower standards of judicial review — through subpoenas, which are granted routinely, or through an intermediate type of court order based on an argument that the information requested would be relevant to an investigation. 'Cell phone providers store an increasing amount of sensitive data about where you are and when, based on which cell towers your phone uses when making a call. Until now, the government has routinely seized these records without search warrants,' said EFF Senior Staff Attorney Kevin Bankston. Last year the Federal District Court in Pittsburgh ruled that a search warrant is required even for historical phone location records, but the Justice Department has appealed the ruling. 'The cost of carrying a cellphone should not include the loss of one's personal privacy,' said Catherine Crump, a lawyer for the ACLU."
Location doesn't prove much for us... (Score:3, Funny)
New Alibi (Score:2, Funny)
Re:Mod Parent Up (Score:4, Funny)
I mean, hypothetically.
Does no-one watch Star Trek? (Score:5, Funny)
Re:Too easy to spoof (Score:3, Funny)
But yes, I agree. And I would take this further --- if you're ever planning to do something questionable, like cheat on your wife/girlfriend, buy drugs, take clothes/food to an escaped political prisoner who's wanted by your authoritarian government, you should be proactive and take the battery out.
But what if it is an iPhone?
Re:"Right" to a private cell phone? (Score:3, Funny)
True. I suppose the police could still respect your wishes and arrest you quietly.