Cell site data denied to help execute arrest warrant

The government was denied cell site location information that would have helped it execute an arrest warrant because it was protected by the Fourth Amendment and not considered "electronic communication" under the SCA. In re United States ex rel. an Order Authorizing Disclosure of Location Information of a Specified Wireless Telephone, 2011 U.S. Dist. LEXIS 85638 (D. Md. 2011).

The court first analyzed the Fourth Amendment argument, finding that an individual has a reasonable expectation of privacy in their location and movement. Thus, a search warrant would be necessary. However, in order to get a search warrant to obtain this information, evidence showing risk of fight would be necessary. Other arguments denied were under Rule 41, the SCA (finding that the SCA does not govern cell site location data), and the All Writs Act.

"The government's arguments, if credited, would allow law enforcement to obtain location data on any subject of an arrest warrant ... [whether] charged with a misdemeanor or a felony ... so long as law enforcement had reason to believe that the source of the location data ... was in the possession of the subject. Some might say that this is an appropriate use of a new technology in the service of more efficient and effective law enforcement. Others might say it is an unnecessary use of a new technology in a society already subjected to pervasive surveillance. The Court understands the tension. Regardless of individual views, the law does not currently sanction the requested acquisition of location data in these circumstances."