Across the nation there are law enforcement agencies using special cell phone tracking tools without first getting search warrants. The device – called Fog Reveal – allows agencies to track someone’s movement back in time so they can do location analysis and follow a person’s ‘pattern-of-life’.
Fog Reveal has been used in criminal investigations since 2018. The problem is that the device is rarely disclosed in court records so it makes it hard for defense attorneys to know when it has been used in putting a case together against a client(s). The elephant in the room – as they say – is whether this form of investigation violates protections against unreasonable searches and seizures, as it is essentially a form of mass surveillance without any tangible federal or state accountability.
Fog Reveal follows a person’s cell phone through advertising ID’s that have unique numbers assigned to each device. These numbers do not contain the name of the device’s user, but can be traced to homes and workplaces to help police establish pattern-of-life analysis.
The argument that this device does not violate search and seizure laws is that it only obtains ‘public’ or ‘lead’ data in assisting law enforcement, and that the information obtained cannot directly lead to probable cause. Of course, time will tell how things all play out; there is little doubt this area of the law is rife with all sorts of legal land mines that will be played out in a court of law in the not so distant future.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer like the team at SQ Attorneys. To reach SQ Attorneys directly call (425) 359-3791 or (206) 441-0900.
