DC appeals court poised to rule on whether police need warrants for cellphone tracking

Police and federal agents around the country have for years been quietly using cell site simulators in which a portable device intercepts signals from cellphones attempting to connect with cell towers and then captures their identifying numbers and precise locations. Defense lawyers and civil libertarians claim that the devices are the equivalent of a police search and therefore require a search warrant.

In 2016, a federal appeals court in Maryland agreed and ruled that Baltimore police could not use evidence collected by a StingRay in a murder case. On April 18, the District’s highest appeals court heard oral arguments and is now ready to be the second court in the nation to weigh in on whether capturing an individual’s cell signal is covered by the Fourth Amendment’s prohibition of governmental search and seizure.