A New York Times review of court cases and legislation around the
country shows that there are no uniform rules when it comes to whether
law enforcement can search cell phone records and use the data as
evidence.
The judicial system around the country is sharply divided on the
legality of searching cell phone records and using that evidence for the
prosecution of criminal suspects. A New York Times review
of court cases and legislation shows that there are no uniform rules
when it comes to whether law enforcement can search cell phone records
and use the data as evidence.
In Rhode Island, a judge threw out evidence used to convict Michael
Patino, a 30-year-old resident of the state, because, according to the
judge, the police obtained cell phone data improperly. But a Washington
court said that cell phone text messages are similar to voice mail
messages that can be heard by anyone in a room, and are therefore not
subjected to privacy laws.
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