Fourth Amendment Upheld by DC Court of Appeals

Sep 22, 2017

Law enforcement’s use of the cell-site simulator used “to track a suspect’s phone without a warrant violates the Constitution.” Th D.C. Court of Appeals ruled Thursday that the use of the cell-site simulator “to locate a person through his or her cellphone invades the person’s actual, legitimate and reasonable expectation of privacy in his or her location information ad is a search.” The House Oversight and Government Reform Committee found that the cell-site simulator was a technology that could “help officers be safe and accomplish their missions” but warned that “absent proper oversight and safeguards,” the technology “may well infringe upon the constitutional rights of citizens to be free from unreasonable searches and seizures, as well as the right to free association.” The appeals court ruled that the cell-site simulator violated the Fourth Amendment rights of Prince Jones who was convicted of robbery and sexual assault.