State v. TateAnnotate this Case
Law enforcement obtained evidence by tracking Appellant’s cell phone using cell site location information and a stingray. Before tracking Appellant’s cell phone, law enforcement obtained an order approving the procedures used to track Appellant’s cell phone. Appellant pled no contest to first-degree reckless homicide. Appellant then appealed the circuit court’s denial of his motion to suppress, arguing (1) law enforcement violated his constitutional right against unreasonable searches; and (2) the order authorizing the tracking of his cell phone required statutory authority, which the court lacked. The court of appeals affirmed. The Supreme Court affirmed, holding (1) assuming that law enforcement’s activities constituted a search, the search was reasonable because it was executed pursuant to an order that met the Fourth Amendment’s requirements; and (2) specific statutory authorization was not necessary for the circuit court judge to issue the order that authorized the tracking of Appellant’s cell phone through cell site information and a stingray because the order was supported by probable cause.