Maryland man argues arrest using cellphone tracking device violates the Fourth Amendment

RICHMOND, Va. (CN) — A Maryland man arrested after police used a device mimicking a cellphone tower to find his phone — and him — argued before a Fourth Circuit panel Tuesday that police needed a warrant.

The Baltimore Police Department, which was attempting to arrest Kerron Andrews on charges of triple attempted murder after a shooting during a drug deal, secured a court order allowing them to use a cell-site simulator to obtain his real-time location information in May 2014.

The police’s court order did not satisfy the Fourth Amendment’s warrant requirement, Andrews said, and the officers are not protected by qualified immunity because they did not disclose their plan to use a specific device when seeking the order…

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