can the location of a smart phone at the time of arrest negate a suspects protection against unreasonable search and seizures?

Answer 1

The response here will vary upon different variables. It sounds like you are talking about whether the police can use triangulation to pinpoint an individual's precise location after a crime has been committed. The answer is yes and no. If the case involves a serious situation where someone's life is in grave danger, for example, a kidnapping just took place, and witnesses saw a man tie up a young child and toss her in the trunk. The police would be able to put out a be on the lookout with a description of the information they have. In this instance, a detective could contact the law enforcement section of a cell provider and request and emergency warrant. This would authorize the cell company to utilize triangulation to follow the suspect. Triangulation can pinpoint one's location within a three block radius by bouncing signals off of three separate cell towers (hence, triangulation). In this case, the emergency information would need to be followed up with a search warrant. Another example is if during an investigation, a cell phone becomes an item of interest. Let's say you had been texting or calling someone during the commission of a crime. While investigating the crime, I come across your phone number. I could request a special subpoena where a judge would hear the reason I need to access your phone records. If the judge finds there is a need, they will grant access. I, as the detective would then contact the cell company, send over the court order, and at that time, I would be able to access all kinds of information, including your call history which lists times and locations. Now, let's say these records make you an important person of interest. I could then apply for a search warrant to get your triangulation information which might put you at the scene of the crime. See, there's really no easy way to explain it, but I hope that answered your question.