New Jersey Supreme Court: warrant requirement applies to cell phone tracking

Under a landmark decision issued by the New Jersey Supreme Court in July, police must now obtain a warrant to track criminal suspects using cell phone location data. The decision struck down the Appellate Division’s ruling, which was issued two years earlier and condoned the use of warrantless cellphone tracking of criminal suspects’ general locations. While the Appellate Division had drawn on case law from other jurisdictions to support its decision, the New Jersey Supreme Court based its ruling on the search and seizure provision of the state constitution, concluding that it offers greater protection than the Fourth Amendment and includes protection from intrusive surveillance techniques such as cellphone location monitoring. State v. Earls (Jul. 18, 2013).

If you have questions about this ruling or how it could affect any criminal charges you’re currently facing, call me, Anthony N. Palumbo, New Jersey criminal defense lawyer, at 908-337-0753.

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