Electronic privacy is fast becoming a major civil rights issue. Anyone following the news in recent months is familiar with the Edward Snowden revelations, confirmed by the Director of National Intelligence, that the National Security Agency monitors the "metadata" generated by phone calls of millions of Americans: who calls, who answers, when, how often, how long. But the NSA is hardly alone in using electronic information for law enforcement-related purposes. Law enforcement agencies around the country are just beginning to access and harness the enormous power of the modern, electronic world.
In this context, a recent case, New Jersey v. Earls, —A.3d—, 2013 WL 3744221 (N.J. July 18, 2013), asks the question: May law enforcement track your cell phone without a warrant or probable cause?
