Ross Todd reports:
A federal judge in San Jose is prepared to consider whether the Fourth Amendment applies to the cell tower data that prosecutors and agents routinely obtain from telecommunications companies and use to approximate the location of suspects.
Federal prosecutors in the Northern District of California have asked U.S. District Judge Lucy Koh to overturn a magistrate judge’s decision from April that found they need a search warrant to access stored cell tower records. The issue has become a point of friction between prosecutors and the federal bench but is rarely aired publicly.
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