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Warrants needed for cell phone tracking?

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    Arthur Aidala on privacy vs. safety debate

  • Duration 3:06
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The -- the Supreme Court ruling that it's unconstitutional.

For law enforcement to place a GPS tracking device without a warrant.

And now could be called into question.

Is whether -- warnings should be required to use location tracking information on cellphones joining us now criminal defense attorney and Fox News legal analyst Arthur -- god thank you so much for doing.

Good morning.

So -- let's let's go back a couple of hundred years and this is one of the fundamental things we fought for the revolutionary war it was to have freedom.

Ahead on freedom from you -- -- we -- we want freedom from the government.

And freedom from the government means I don't want the government -- what I'm doing what I'm doing it yeah militants that are etc.

And -- a big case that and technology.

Has drastically G he had never thought of during the revolutionary -- exactly no easy basket no credit card bill metro card act I mean these are big law enforcement.

Tools to fighting crime and when -- necessary we're very happy to have them there.

We need to have some control over when the government could be looking into.

Where had there is at what time she's at the -- are and what time she goes do though the beauty -- -- etc.

etc.

And what we're really asking for.

Is that a judge who's not supposed to be on the side of law enforcement or the side of the citizens he is the she's -- be neutral to determine.

What is it appropriate to find out.

What is Heather in the -- that is what is Heather and in the beauty Pollard is my mom used to say back in the day but.

Law enforcement says that will slow them down and you know what it will slow them down to stuff to a certain degree but -- clear provisions in the law that provides for that.

There are things -- exited circumstances.

So if somebody thought if they get probable cause to believe Heather that got them beat you kidnapped a missing child.

Under those circumstances they would have to go get a warrant they would say it's so it.

The very busy emergency doctrine track they need to do these right now it's an emergency the the big difference being that and mean we think Heather may be involved in a drug ring.

That every Saturday night goes to a nightclub and sell drugs under those circumstances.

-- -- not -- that's going on right there -- different law enforcement agency doing that yes and that gets in the tracking you without telling the judge first.

I wanna make it and I'm gonna make a joke but it's not a joke -- -- like myself who's bald.

There -- so I I did I get.

Still -- identified all the time for all the bowl guy OK -- so why should my phone be -- why should they know.

What I'm doing because there's another -- -- he's been identified.

As as a guy who's dealing drugs are stealing cars or burn it up -- -- or whatever they do it yet.

So some would you go before a judge and show them some evidence.

Why did you follow author right now about the -- another -- guys who may be dealing drugs and nightclub but -- specific reasons why and this is a pretty.

It's a pretty it's -- issue we need to fight for the Supreme Court I was in the courtroom heard the arguments they said.

And lord for the cannot think the device Heather I put it on your car and use it to follow all right well thank you very much our bald guy our methodology -- I don't know why I am our three appreciate it thank you very --

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