In State v. Earls, the New Jersey Supreme Court is today hearing arguments on whether the police may use cellphone tracking techniques without court approval. Earlier this year, the US Supreme Court ruled that the police must obtain a court order if they attach a GPS tracking device to a vehicle. EPIC filed a "friend of the court" brief in Earls, urging the New Jersey court to uphold Fourth Amendment protections. The cell phone tracking techniques at issue in the New Jersey case, EPIC argued, "is more invasive than the GPS tracking in Jones." Princeton attorney Grayson Barber is arguing for EPIC as amicus before the New Jersey court.
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by Ryan Calo, A. Michael Froomkin,