Wed. Mar 9, 2022 | By Michael Karlik | The Gazette |
The state’s second-highest court determined for the first time that police acted lawfully by obtaining a murder suspect’s real-time cellphone location from his wireless carrier.
Courts around the country have reached different conclusions about whether cell site location information — or a “ping” — amounts to a search under the Fourth Amendment’s general prohibition on warrantless searches and seizures. A three-judge panel for the state’s Court of Appeals did not explicitly answer that question, assuming instead that, if the ping of Miguel Angel Licona-Ortega’s cellphone was a search, “exigent circumstances” relating to public safety justified the police’s actions…
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