Documents show cops making up the rules on mobile surveillance

ars reports Documents show cops making up the rules on mobile surveillance.

"The legal standards used for cell phone tracking requests vary widely by police department. Some law enforcement agencies do not track cell phones, or have concluded that the Fourth Amendment requires them to obtain a warrant in order to track user locations. But many more reported obtaining location information with a simple subpeona—which is available without meeting the Fourth Amendment's 'probable cause' standard. The ACLU says that 'a number of law enforcement agencies report relying on cell phone providers to tell them what legal process is necessary to obtain location records.'

A New York Times report on the documents says that many departments keep their use of cell phone tracking capabilities secret, fearing the backlash that could be generated if the public learned how often they are used. For example, a document published by the Iowa City police department admonishes police officers not to "mention to the public or media the use of cell phone technology or equipment used to locate the targeted subject." Officers are advised not to include "details of the methods and equipment used to locate the subject" in police reports."