March 27, 2015

The American Civil Liberties Union of Connecticut applauded a favorable vote in the Judiciary Committee to mandate a warrant in order to track people’s cell phones. The bill had support from both Republicans and Democrats in the Judiciary Committee.

During the hearing lawmakers raised numerous concerns about citizens' right to privacy and Connecticut’s compliance with the Fourth Amendment of the Bill of Rights, which prohibits unreasonable searches and seizures as well as that warrants be authorized by a judge and based on probable cause.

David McGuire, Staff Attorney for the American Civil Liberties Union of Connecticut, said, “This is a major step toward increasing privacy protections in our state. If a law enforcement agency wants access to emails, text messages and Facebook messages or to track a person’s location in real time, we should be sure that it is absolutely necessary and done in full compliance with the Bill of Rights.”

Connecticut General Statutes § 54-47aa(g) was passed in 2005 and it permits law enforcement to track a person by his or her cell phone upon stating only a reasonable and articulable suspicion that a crime has been or is being committed. The law has been used over 14,000 times since it was passed. That means scores of Connecticut residents have had their Fourth Amendment privacy rights violated through warrantless cell phone tracking.