Yesterday we asked the full Sixth Circuit Court of Appeals to consider the arguments in our amicus brief that it should rehear a case decided by a three-judge panel in a ruling last month that undermined the privacy rights of everyone who carries a cell phone.
In the case, law enforcement agents required Melvin Skinner's cell phone company to provide them with his GPS coordinates continuously for three days as he drove across the country. The agents did not get a warrant or demonstrate probable cause. Using the data, the agents tracked Skinner down, searched his motor home, and arrested him for his alleged role as a drug courier. On appeal, Skinner argued that the warrantless GPS phone tracking violated his Fourth Amendment rights.