2008 Woodie Awards
Federal agents place secret tracking devices on phones without warrants
Joanna Bernstein
Issue date: 12/7/07 Section: World
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According to the Fourth Amendment, probable cause is required to acquire any type of warrant.
But recently, federal judges have been granting government officials permission to order wireless communication companies to place secret tracking devices in the cell phones of people whom the government believes to be drug traffickers, fugitives, and child abusers without necessary reasons for conviction.
Probable cause refers to the standard by which a police or government officer, official, or judge has the right to make an arrest, conduct a personal property search or grant/obtain a warrant.
"Specifics necessary to establish probable cause such as relevant dates, names and places have been missing in agent affidavits," said Magistrate Judge Brian Owsley of Corpus Christi, Texas, to The Washington Post.
Privacy advocates worry that these improperly administered warrants may expose law-abiding citizens to a new level of government scrutiny in their daily lives.
"I'm a firm believer in probable cause," said Assistant Professor of Political Science Robert Duncan. "It's scary. We're a country that's so scared of criminals and terrorists that we're caving in and not following proper procedures."
While government agencies like the CIA have the power to track terrorists and other suspicious persons on their own, members of the Cellular Telecommunications and Internet Association (CTIA) feel that congressional oversight is lacking.
Federal officials often by-pass the court system and directly approach the cell-phone companies.
"Federal agents can tell a carrier they need real-time tracking data in an emergency but fail to follow up with the required court approval," said Al Gidari, partner at Perkins Coie law firm to The Washington Post.
Many of the secret trafficking devices that were unlawfully installed are still in the place. The Justice Department has yet to charge federal officials or judges with following improper procedures or inappropriately granting warrants.
But recently, federal judges have been granting government officials permission to order wireless communication companies to place secret tracking devices in the cell phones of people whom the government believes to be drug traffickers, fugitives, and child abusers without necessary reasons for conviction.
Probable cause refers to the standard by which a police or government officer, official, or judge has the right to make an arrest, conduct a personal property search or grant/obtain a warrant.
"Specifics necessary to establish probable cause such as relevant dates, names and places have been missing in agent affidavits," said Magistrate Judge Brian Owsley of Corpus Christi, Texas, to The Washington Post.
Privacy advocates worry that these improperly administered warrants may expose law-abiding citizens to a new level of government scrutiny in their daily lives.
"I'm a firm believer in probable cause," said Assistant Professor of Political Science Robert Duncan. "It's scary. We're a country that's so scared of criminals and terrorists that we're caving in and not following proper procedures."
While government agencies like the CIA have the power to track terrorists and other suspicious persons on their own, members of the Cellular Telecommunications and Internet Association (CTIA) feel that congressional oversight is lacking.
Federal officials often by-pass the court system and directly approach the cell-phone companies.
"Federal agents can tell a carrier they need real-time tracking data in an emergency but fail to follow up with the required court approval," said Al Gidari, partner at Perkins Coie law firm to The Washington Post.
Many of the secret trafficking devices that were unlawfully installed are still in the place. The Justice Department has yet to charge federal officials or judges with following improper procedures or inappropriately granting warrants.
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