Muni-mail – No More Ping! Cops Need a Warrant After Major Decision in State v. Earls

[07/18/2013 - 2:58 p.m.]  Today, the Supreme Court of New Jersey held in State v. Earls that individuals have the expectation of privacy in cell phone pings.   This landmark decision establishes a Constitutional right to a reasonable expectation of location privacy under the NJ state constitution.

After Earls, police cannot track your public movements based on cell phone towers without a obtaining a search warrant or utilizing an exception to the warrant requirement.

Earls is decided entirely under the state constitution, providing people in New Jersey more rights than provided by the federal government.  The Court delayed the implementation of these changes for 30 days to allow the Attorney General adequate time to change the procedures.

You can link to today’s decision in State v. Earls at:
http://www.judiciary.state.nj.us/opinions/supreme/A5311StatevThomasWEarls.pdf

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Category: Muni-Mail Archive