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- Title
Giving up the Ghost in the Machine: Emergency Cellphone Tracking Under 18 U.S.C. § 2702(c)(4) Is a Search.
- Authors
Guinan, Andrew
- Abstract
The article provides an overview of Fourth Amendment protections, the Stored Communications Act (SCA) and its remedies, and the definition of a search in the context of the so-called third-party doctrine. It explores contemporary cases which hold government collection of electronic location information to constitute a search and warrant for police to engage in real-time tracking of a criminal defendant's cellphone. It also mentions finding of probable cause for cellphone tracking.
- Subjects
SEARCHES &; seizures (Law); ONLINE information services; SEARCH warrants (Law); PROBABLE cause (Searches &; seizures); SEARCHES &; seizures of cell phones
- Publication
Missouri Law Review, 2021, Vol 86, Issue 4, p1
- ISSN
0026-6604
- Publication type
Article