High court to hear case on cops’ cell data use

WASHINGTON — The Supreme Court has agreed to decide whether police need to provide probable cause evidence before they can get cellphone tower data to trace a suspect’s movements.

Three years ago, in Riley vs. California, the high court said police need a search warrant and evidence of probable cause before they may download the contents of a phone.

But most courts have said people do not have the same right to privacy for data kept by others, including the logs of calls that are maintained by telephone companies.

Federal law, however, limits how and when the police may obtain records of cellphone calls. They must obtain a court order and show “there are reasonable grounds to believe” the records “are relevant and material to an ongoing criminal investigation.”

Lawyers for the American Civil Liberties Union say the court should set a higher standard and require police to show probable cause before they get cellphone tower data.

In Carpenter vs. United States, the ACLU appealed on behalf of a Michigan man who was convicted of a series of armed robberies. Prosecutors used records of his cellphone use over 127 days that confirmed Timothy Carpenter was near four of the robbery sites.

A federal judge and the 6th U.S. Circuit Court of Appeals, in a 2-1 ruling, rejected Carpenter’s claim that his due-process rights were violated. The Supreme Court will hear the issue in the fall.