Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
Police could track a fugitive’s real-time mobile phone location without a warrant for seven hours, the Sixth Circuit held June 5 ( United States v. Riley , 2017 BL 187987, 6th Cir., No. 16-6149, 6/5/17 ).
Courts across the country have been evaluating law enforcement’s use of mobile phone location data.
This case required the U.S. Court of Appeals for the Sixth Circuit to build on one if its previous cases in this area, United States v. Skinner. The court, in that decision, approved three days of warrantless phone tracking of a suspect’s public movements.
In the case of fugitive Montai Riley, the marshals got a court order to help find him.
It required Riley’s service provider to give the marshals his mobile phone GPS coordinates in real-time. The GPS led the marshals to a Memphis motel, where a clerk gave them Riley’s room number.
The phone GPS only revealed what the marshals could’ve otherwise seen in public, the Sixth Circuit said in rejecting Riley’s argument that a warrant was needed. Court orders require less proof than warrants.
The marshals got Riley’s room number from the clerk, not his phone GPS, the court said in affirming the denial of his motion to suppress.
And Riley’s phone was tracked for about seven hours, less than the three-day tracking approved in Skinner, the court said.
The unsigned opinion was issued by the three judge panel of Senior Judge Danny J. Boggs, Judge John M. Rogers, and Judge Deborah L. Cook. Boggs wrote a separate concurring opinion.
The Clairborne Ferguson Law Firm, P.A., Memphis, Tenn. represented Riley. The U.S. Attorney’s Office for the Western District of Tennessee, Memphis, Tenn. represented the government.
To contact the reporter on this story: Jordan S. Rubin in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: C. Reilly Larson at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)