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I. Introduction
In an increasingly modern age, at a time when technology is experiencing exponential growth and continues to progress at a rapid pace, law enforcement agencies and the government are coming up with new ways to adapt to these changes. "State and federal authorities follow the movements of thousands of Americans each year by secretly monitoring the location of their cell phones, often with little judicial oversight, in a practice facing legal challenges."1
This surveillance practice by the government and law enforcement agencies has quickly risen in popularity, exceeding even the frequency with which more traditional forms of surveillance such as wiretapping and GPS tracking are being used.2 The two primary means used by the government and law enforcement agencies to track suspects is through GPS locators on cell phones and collection of cell phone tower data. As the practice of tracking cell phones by the government and its agencies continues to grow, so too does the reluctance by citizens to be subject to such invasions of privacy.
"According to 2009 Wireless Association report, there were approximately 277 million cell phone service subscribers in the United States last year. That is about 90 percent of the overall population."3
"With cellphones ubiquitous, the police cell phone tracing a valuable weapon in emergencies like child abductions and suicide calls and investigations in drug cases and murders."4 However, "civil liberties advocates say the wider use of cell tracking raises legal and constitutional questions, particularly when the police act without judicial orders."3 There currently exists a precarious balance with the privacy interests of individuals on one side with the needs of the government to track and monitor both potential and known suspects on the other. Given the current state of affairs, where law enforcement agencies are largely unobstructed in their attempt to track suspects through the use of GPS locators on cell phones and the collection of cell-site data, this predominantly unregulated practice has the potential to have a disparate impact on minorities.
II. Tracking through GPS locators on cell phones
"The GPS, or Global Positioning System, is a system of 24 satellites in orbit above earth."6 These satellites operate continuously for the whole year without interruption and have the capability to provide coverage for almost any...