Judge limits search of cellphone data

Published: Sept. 12, 2008 at 4:21 PM

WASHINGTON, Sept. 12 (UPI) -- A federal judge says a warrant based on probable cause of criminal activity is required to direct wireless providers to reveal where customers used cellphones.

The ruling by Judge Terrence F. McVerry of the Western District of Pennsylvania is the first opinion by a federal judge on the issue, The Washington Post reported Friday.

Wednesday's ruling could begin to give some guidance to magistrate judges who handle requests for search warrants involving cellphone data, the Post reported, noting industry lawyers say such requests are becoming routine as more people carry cellphones that pinpoint their locations.

McVerry rejected arguments by the Bush administration that warrants requesting such cellphone data did not require probable cause.

Privacy advocates called the ruling good news for those who think the government should have probable cause before they can track someone, while several constitutional law experts predicted the ruling likely would be overturned on appeal, the Post said.

© 2008 United Press International, Inc. All Rights Reserved.
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