Cellphone Location Data and Privacy in Fresno

Recently the U.S. Supreme Court had the opportunity to decide on whether police need to obtain a search warrant to examine cellphone location information held by wireless carriers.  However, the court declined to answer the question, rising the concern of how well wireless carriers protect privacy.

Why wasn’t a search warrant needed?

The United States had obtained a court order asking the wireless carrier to disclose location data from a suspect’s cellphone, without first obtaining a warrant.   They relied on a provision of the 1987 Federal Stored Communications Act, stating probable cause is not needed to obtain customer records.

In addition, the court recognized in Smith v. Maryland that a cellphone user had no reasonable expectation of privacy when dialing numbers.  Since the wireless carrier maintains them for their record, the user knowingly exposes this information regardless.

Should a search warrant be required anyway?

Given the progression of technology in the area of mobile devices since 1987, they have become more than just a device used for communication purposes.  In this day in age, cellphones contain a wealth data that could be private to the user.

Taking this progression into consideration, privacy should be assumed by the user.  A person cannot use the device without first having to share their information with the wireless carrier.  

This inherent problem should not be turned into a dilemma of whether or not to use a cellphone.  Thus, the burden to maintain a certain level of privacy should be on the carrier and not the user.

Protection under the Constitution.

The Fourth Amendment of the United States Constitution citizens enjoy the protection from unreasonable searches and seizures.  The user may voluntary disclose this information, but privacy should still be maintained.  Wireless users should not have to fear their private information could be released when using their own property.

Privacy concerns still remain.

The court may have had their motives for declining the case, but privacy concerns still remain.  Mobile devices have advanced over the years, and the law should allow for users to maintain privacy in their effects. Therefore, wireless carriers should have a higher level of privacy when releasing customer data.

Criminal Case Problems? Call today!

If you have a matter regarding a search and seizure violation of your cell phone, please do not hesitate to contact The Law Offices of Tina M. Barberi at (559) 447-1240 to discuss your case.  

Posted on
January 16, 2016
in
Fresno Criminal Law Posts
category
4th Amendment, attorney at law, California lawyer, cellphone, cellphone location data, cellphone privacy, constitution, privacy, search

Proposition 36? What They Don't Tell You Can Hurt You! (Updated 2019)

Fresno Criminal lawyer will help dismiss drug charges against you under California Prop 36 and Penal Code 1210.1.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
August 11, 2017
Possession Charges? You may be surprised to learn that drug charges may be on your record after completing a drug treatment program under Prop. 36. Find out how to make those charges go any like they never happened.

10 Things You May Not Know about Criminal & DUI Charges.

DUI complaints, criminal complaints, and traffic citations are all ways to charge you with a crime. Fight back with a Fresno lawyer.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
May 7, 2015
The criminal justice system is very complex. Here are the 10 things you need to know to defend yourself in court, including frequently asked questions that will help you when you are facing criminal charges in Fresno.

When Will I be Released from the Jail in Fresno County?

If you are in custody at the Fresno County Jail, find an experienced and dedicated law group that will help with your defense.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 18, 2015
Do you know the laws when you are arrested and held in the Fresno County Jail? If not, you must read this blog to see how long the government can hold you in jail without bringing criminal charges against you.

Spring Clean Your Criminal Record Now!

A criminal record does not go away without work. We will make sure you qualify for 1203.4 relief before you hire us.
Criminal
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 30, 2015
If you are looking to cleaning your record, this is the perfect time to start. Your criminal record will stay on your record until you do something about it. Find out how easy it can be to clear your record with an experienced lawyer.

Hiring the Right Drunk Driving Lawyer in Fresno

Deciding on the right DUI lawyer is difficult after a DUI arrest. You need an experienced lawyer to fight your case and protect your rights.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 25, 2015
When you are charged with a crime, you do not know where to turn or who you can trust. Finding the attorney that is a perfect match for you is where you need to start. See these helpful tips to locate the best attorney for you.

Top 10 Quick Tips After a Fresno DUI Arrest

Call a misdemeanor and felony lawyer to determine your next steps after a drunk driving arrest to save your license.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 19, 2015
If you are arrested for suspicion of drunk driving in Fresno, what do you do next? Follow these 10 simple tips and you will be ahead of the game before your court date, which can pay off big time when you see the judge for your DUI.

SR-22 Auto Insurance after Fresno DUI

A criminal lawyer can determine if you need a SR-22 insurance for your car after a DUI arrest and DMV hearing in Fresno.
Traffic
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 16, 2015
What is an SR-22 and do you need it? If your license is suspended because of a DUI, you will be required to have an SR-22 before a license is issued. But you may avoid the SR-22 requirement by reading this post first.

Fresno DUI Laws-What is Your Blood Alcohol Level?

Blood alcohol levels depend on what you drank and ate before your arrest so call a DUI lawyer in Fresno to find out your BAC.
DUI
Tina Barberi, DUI and criminal lawyer in Fresno will fight to win your criminal and DUI case.
Tina M. Barberi
March 14, 2015
Determining the blood alcohol level in your system at the time of driving is key to a DUI case. Here is how to determine if you have a valid defense for your DUI case, including how to calculate alcohol levels in DUI cases.

Speedy Trial Violations: Dismissals are Possible

Fresno courts must dismiss the case against you even if you are guilty when your rights are violated in Fresno with the right attorney.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
April 18, 2016
The government is required to prosecute you within a reasonable period of time, and when there is a violation of a speedy trial right, it is serious. See if your case should be dismissed when the district attorney violates the law.

Saving Lives: Protecting Patients with Marijuana

Drug and marijuana cases can be fought when you have the right criminal law attorney in Fresno. Free consult to discuss your case.
Criminal
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 6, 2015
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.

Motions to Suppress in Criminal Cases in Fresno

Illegal detentions, searches and seizures are serious and without a criminal attorney, it is difficult to win a suppression motion.
DUI
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
March 6, 2015
Motion to suppress hearings are a way to show the police illegally searched or seized evidence illegally. Make sure you understand what these motions are and how to use them when you are facing criminal charges.

Happy Halloween! The Scary Truth of Halloween DUIs

Do not drink and drive on Halloween. If you are arrested and face DUI or criminal charges, get a DUI attorney in Fresno.
Our Firm
DUI defense lawyer enlists Gonzalo Quezada for clients accused of DUI, criminal or traffic charges.
Gonzalo Quezada
October 30, 2015
The scariest trick you can receive is winding up in jail on Halloween. If you are preparing to drink on our scariest day of the year, take these tips to heart before getting in your car. We can show you how to avoid a DUI arrest.

You Might Also Like