Cell Phone Warrant

August 6, 2013 – In The News
Eye Opener

Following the New Jersey Supreme Court ruling that police cannot obtain tracking data from cell phones without a warrant, Eye Opener turned to veteran privacy attorney Scott Vernick for his take on the matter.

If passed, the proposed legislation would have required “anybody in an accident, automatically, to forfeit their cellphone to police, without a warrant,” explained Vernick.

Despite the decision the controversy has not settled, proven most recently with the Federal Appeals Court, Fifth Circuit ruling in opposition. On this decision, Vernick explained that the historical information stored by cellphone companies can now be accessed without a warrant. “Meaning you don’t have to go to a judge, and swear out that you have probable cause that a crime is being committed.”

“If the legislation gets passed, there is going to be a challenge to it. And probably within New Jersey, it’s going to be ruled unconstitutional in light of the Supreme Court’s recent decision,” Vernick concluded.

Click here to view the full interview.