UPDATED: Wisconsin court sides with police using cell phones to track suspects

UPDATED Thursday July 24, 2014

MADISON, Wis. (AP) -- The Wisconsin Supreme Court has sided with police in two separate cases where cellphone data was used to track suspects.

The court's rulings Thursday came in a pair of homicide cases in Milwaukee and Kenosha counties. Police in both cases used data from the suspects' cellphone providers to track them down. They arrested the suspect in the Milwaukee case, Bobby Tate, in his mother's apartment. They arrested the Kenosha suspect, Nicolas Subdiaz-Osorio, in Arkansas.

In Tate's case, police obtained a warrant before tracking his phone. He argues that detectives didn't have enough evidence to justify the order. Subdiaz-Osorio contends the search of his phone was illegal.

But the Supreme Court in each case said police were within their rights.

Copyright Associated Press 2014

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UPDATED Thursday, July 24, 2014 --- 6:38 a.m.

MADISON, Wis. (AP) -- The Wisconsin Supreme Court is expected to clarify whether police can use cellphone data to track suspects.

The justices are expected to release rulings Thursday in a pair of homicide cases in Milwaukee and Kenosha counties. Police in both cases used data from the suspects' cellphone providers to track them down. They arrested the suspect in the Milwaukee case, Bobby Tate, in his mother's apartment. They arrested the Kenosha suspect, Nicolas Subdiaz-Osorio, in Arkansas.

In Tate's case, police obtained a warrant before tracking his phone. He argues that detectives didn't have enough evidence to justify the order. Subdiaz-Osorio contends the search of his phone was illegal.

Copyright 2014: Associated Press
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UPDATED Tuesday, February 18, 2014 --- 4:42 p.m.

MADISON, Wis. (AP) -- Police would be prohibited from tracking cellphone locations without a warrant under a bill headed to Gov. Scott Walker.

The Senate passed the measure on Tuesday on a voice vote. The Assembly approved it last week.

Under the bill, police would have to submit details about their investigation in the application for a warrant to track a cellphone.

That information would include the subject of the investigation, a statement of the crime and a statement of probable cause to believe there is criminal activity. Police would also have to decide how tracking the phone would yield relevant information.

Copyright 2014: Associated Press

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UPDATED Tuesday, February 18, 2014 --- 7:18 a.m.

MADISON, Wis. (AP) -- The Wisconsin state Senate plans to vote on a bill that would prohibit police from tracking cellphone locations without a warrant.

The measure up for a vote Tuesday passed the Assembly last week without opposition.

Under the bill, police would have to submit details about their investigation in the application for a warrant to track a cellphone.

That information would include the subject of the investigation, a statement of the crime and a statement of probable cause to believe there is criminal activity. Police would also have to decide how tracking the phone would yield relevant information.

If the bill passes the Senate, it would head to Gov. Scott Walker for his consideration.

Copyright 2014: Associated Press

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UPDATED Thursday, February 13, 2014 --- 4:07 p.m.

MADISON, Wis. (AP) -- The Wisconsin Assembly has passed a bill that would bar police from tracking cellphone locations without a warrant.

The warrant application would have to identify the phone, the owners or whoever is possessing it, the subject of the investigation, a statement of the crime and a statement of probable cause to believe criminal activity has been, is or will be afoot and how tracking the device will yield relevant information.

The bill passed the Assembly's judiciary committee on a 9-0 vote earlier this month. The full Assembly approved it on a voice vote Thursday.

The measure goes next to the state Senate

Copyright 2014: Associated Press

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Posted Thursday, February 13, 2014 --- 9:35 a.m.

MADISON, Wis. (AP) -- The Wisconsin Assembly is poised to vote on a bill that would bar police from tracking cellphone locations without a warrant.

The warrant application would have to identify the phone, the owners or whoever is possessing it, the subject of the investigation, a statement of the crime and a statement of probable cause to believe criminal activity has been, is or will be afoot and how tracking the device will yield relevant information.

The bill passed the Assembly's judiciary committee on a 9-0 vote earlier this month. The full Assembly is set to take it up Thursday.

Copyright 2014: Associated Press


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