The government generally must first obtain a search warrant for probable cause to collect data from a cellular provider about the past locations of a subscriber’s mobile phone, Massachusetts’ highest court ruled on Tuesday.
The Massachusetts Supreme Judicial Court, voting 5-2, upheld a Superior Court judge’s conclusion that a search warrant based on probable cause was required because the police collection of the data constituted a search under Article 14 of the Massachusetts Declaration of Rights. The government obtained the data via a court order under the federal Stored Communications Act.
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