IN RE APP. OF U.S. FOR AN ORDER FOR PROSP. CELL

No. 06 CRIM. MISC. 01.

460 F.Supp.2d 448 (2006)

In re: APPLICATION OF THE UNITED STATES FOR AN ORDER FOR PROSPECTIVE CELL SITE LOCATION INFORMATION ON A CERTAIN CELLULAR TELEPHONE

United States District Court, S.D. New York.

October 23, 2006.


Attorney(s) appearing for the Case

Thomas G.A. Brown, Assistant United States Attorney, Michael J. Garcia, United States Attorney, New York City, for United States.

Yuanchung Lee, Assistant Federal Defender, Federal Defenders of New York, New York City, for Amicus Curiae.


MEMORANDUM OPINION

KAPLAN, District Judge.

The question before the Court is whether the government may obtain, without a showing of probable cause, prospective cell site information that would reveal the general location — and, in some circumstances, permit law enforcement agents to track the precise movements — of a particular cellular telephone on a real-time basis. The government contends that courts may order the disclosure of such information...

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