{"title":"找到我的罪犯:通用手机“应用程序”的第四修正案含义,每个手机用户都有,但没有罪犯想要","authors":"Christopher Joseph","doi":"10.2139/SSRN.2768867","DOIUrl":null,"url":null,"abstract":"The current state of the law with regard to the collection and use of cell site location information (CSLI) varies from state to state, and even between federal and state jurisdictions; not to mention that the rules can change depending on whether the information sought is historical or prospective. In light of Supreme Court precedent related to the topic, a court order should be sufficient to obtain this information, despite the fact that several jurisdictions demand a search warrant in order for members of law enforcement to obtain and use this information. However, even if a search warrant is required, exceptions to the warrant requirement can be applied to allow the police to obtain and use this information without first obtaining a search warrant.","PeriodicalId":312965,"journal":{"name":"The Barry Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2016-04-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Find My Criminals: Fourth Amendment Implications of the Universal Cell Phone \\\"App\\\" that Every Cell Phone User Has but No Criminal Wants\",\"authors\":\"Christopher Joseph\",\"doi\":\"10.2139/SSRN.2768867\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The current state of the law with regard to the collection and use of cell site location information (CSLI) varies from state to state, and even between federal and state jurisdictions; not to mention that the rules can change depending on whether the information sought is historical or prospective. In light of Supreme Court precedent related to the topic, a court order should be sufficient to obtain this information, despite the fact that several jurisdictions demand a search warrant in order for members of law enforcement to obtain and use this information. However, even if a search warrant is required, exceptions to the warrant requirement can be applied to allow the police to obtain and use this information without first obtaining a search warrant.\",\"PeriodicalId\":312965,\"journal\":{\"name\":\"The Barry Law Review\",\"volume\":\"42 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-04-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Barry Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.2768867\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Barry Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2768867","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Find My Criminals: Fourth Amendment Implications of the Universal Cell Phone "App" that Every Cell Phone User Has but No Criminal Wants
The current state of the law with regard to the collection and use of cell site location information (CSLI) varies from state to state, and even between federal and state jurisdictions; not to mention that the rules can change depending on whether the information sought is historical or prospective. In light of Supreme Court precedent related to the topic, a court order should be sufficient to obtain this information, despite the fact that several jurisdictions demand a search warrant in order for members of law enforcement to obtain and use this information. However, even if a search warrant is required, exceptions to the warrant requirement can be applied to allow the police to obtain and use this information without first obtaining a search warrant.