Скачать или смотреть Do Police Need a Warrant to Track a Cell Phone?

A very common question is do police need a warrant to track a cell phone? Generally, the police cannot track a cell phone without a warrant. The Fourth Amendment to the United States Constitution prohibits the government from engaging in unreasonable searches and seizures. Generally, the police are required to obtain a warrant based on probable cause before conducting a search. But, as with every issue under the Fourth Amendment, there are certain limited exceptions where police do not need to obtain a warrant prior to searching. Indeed, the two limited exceptions for cell phone tracking are (1) exigent circumstances and (2) consent.

EXIGENT CIRCUMSTANCES
An exigent circumstance is an emergency situation where there is an immediate threat to public safety or to the safety of an individual. Due to the imminent threat of harm, time should not be wasted to obtain a search warrant thus allowing police to act quickly and to track or ping a cell phone without a warrant.

There are a few different methods police may use to track or ping a cell phone. And the specific method used will generally depend on the circumstances of the investigation and technology available to police. The most common ways police track a cell phone is through (1) cell tower pings; or (2) GPS tracking.

The United States Supreme Court has recognized that police can act without a warrant in situations where: (1) there is an imminent threat of harm; AND (2) there is no time for police to obtain a warrant. These are exigent circumstances known more formally as the "emergency aid exception" to the warrant requirement.

Some examples where this exception might apply include situations law enforcement is trying to locate a missing person, such as a kidnapped crime victim or a suspect in a violent crime. It is important to note that this emergency aid exception is narrow and only applies in limited circumstances. And, the State has the burden of proving that the threat underlying this exception was so imminent and immediate that there was no time to obtain a warrant before tracking the cell phone.

CONSENT
The second way a warrant would not be required is if a person consented to the tracking or pinging of their cell phone. This situation may apply to a work phone or a phone on a joint business plan of some sort. Indeed, it is advisable to never provide consent to police. Rather, a person should always rely on their rights. It is also important to not have a person around who may provide "apparent authority" and consent to the search of a location the owner would have never consented to.

In summary, police are required to obtain a search warrant based on. probable cause to track or ping a cell phone, unless: (1) exigent circumstances exist; or (2) the phone user had provided a consent to track in some fashion.

In this video, Tempe Arizona's Best Criminal Defense and Top DUI Attorney Jeremy L. Huss of Huss Law, PLLC discusses the ins and outs of whether the police need the warrant to track a cell phone.

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