Appeals Court To Hear Cell-Phone Tracking Case

A U.S. Appeals Court in Philadelphia are hearing an appeal of two lower court opinions that tracking someones location by cell-phone without showing probable cause violates the Constitution:

Back in 2007, the US government applied for court permission to obtain information about the location of an individuals cell phone, without showing probable cause that tracking the individual would turn up evidence of a crime. A magistrate judge denied the government's request and a district court upheld that decision in September 2008. The government is appealing the ruling in the US Court of Appeals.

The decision reached by the Philadelphia-based 3rd Circuit US Court of Appeals will not only bind federal courts throughout Pennsylvania, New Jersey and Delaware. It will also be a key source of guidance to courts around the country as they grapple with this issue.

Several civil liberty advocacy groups have files "friend of the court" briefs in support of the restrictions:

The groups are the Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), the ACLU of Pennsylvania, and the Center for Democracy and Technology (CDT).