I seem to recall in my office where we got a search warrant to obtain these types of records which helped prove up that particular case, which I believe, eventually pled out.
Again as I stated before, there should be no good reason not to obtain these records without a search warrant, if there is no probable cause then its an impermissible infringement on a person's right to privacy IMHO.
Cellphone Tracking Powers on RequestSecret Warrants Granted Without Probable Cause
By Ellen Nakashima: Washington Post
Federal officials are routinely asking courts to order cellphone companies to furnish real-time tracking data so they can pinpoint the whereabouts of drug traffickers, fugitives and other criminal suspects, according to judges and industry lawyers
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In some cases, judges have granted the requests without requiring the government to demonstrate that there is probable cause to believe that a crime is taking place or that the inquiry will yield evidence of a crime. Privacy advocates fear such a practice may expose average Americans to a new level of government scrutiny of their daily lives.
In some cases, judges have granted the requests without requiring the government to demonstrate that there is probable cause to believe that a crime is taking place or that the inquiry will yield evidence of a crime. Privacy advocates fear such a practice may expose average Americans to a new level of government scrutiny of their daily lives.
Such requests run counter to the Justice Department's internal recommendation that federal prosecutors seek warrants based on probable cause to obtain precise location data in private areas. The requests and orders are sealed at the government's request, so it is difficult to know how often the orders are issued or denied.
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