Are You Being Tracked Through Your Cell Phone?
- January 19, 2013
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Use or possession of a cell phone comes with a big price tag if you have committed a crime in New Jersey. Law enforcement may contact your cellular carrier and track the location of your cell phone in the event they suspect you of committing a crime. In the event the police obtain a warrant to retrieve information from your cellular carrier, this method of tracking is legal. The warrant requirement subjects the police to show probable cause to believe a crime has been committed and you are the one who committed it to an impartial judge prior to the judge issuing the warrant. In State v. Earls, a burglary case, the court will rule on whether the police may seek information regarding your location from a cellular carrier without first obtaining a warrant. In the event the court upholds the warrantless tracking by police that occurred in Earls, the police power to monitor your cell phone will render your cell phone a constant signal of your location and movements. By simply owning a cell phone, you will lose ample privacy rights as the police will be able to track you whether you are in “plain view” or not. Within the Constitution the right to privacy was created and a decision in favor of the State in Earls would serve largely to strip away this right. If you believe you have been the victim of an illegal police search, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information regarding warrantless searches, your rights in criminal matters, burglary or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.