U.S. Takes Second Crack at Antoine Jones GPS Tracking Case
Back in January, alleged drug dealer Antoine Jones won a precedent-setting tech snooping case before the Supreme Court. Now his attorneys want to take the gains from that win even further.
Lawyers want to suppress cellphone site data for an account belonging to an alleged co-conspirator, Denise Jones. The government attorneys in the case understandably oppose the move.
Government lawyers are arguing that data collected by a third-party, such as a wireless carrier, isn’t protected by privacy rights granted by the Fourth Amendment to the Constitution.
“[N]o reasonable expectation of privacy exists in the routine business records obtained from the wireless carrier in this case, both because they are third-party records and because in any event the cell-site location information obtained here is too imprecise to place a wireless phone inside a constitutionally protected space,” the government asserted in a motion [PDF] filed with a federal district court in Washington, D.C.
“A customer’s Fourth Amendment rights are not violated when the phone company reveals to the government its own records that were never in the possession of the customer,” it added.
In their arguments to suppress the cell tower info from the trial, Jones’ attorneys cited his case before the high court in which the government received a wrist slap for attaching a GPS tracking device to Jones’ car without his knowledge and tracked his movements.
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