The Right Against Unreasonable Search and Seizure and Geolocation
A recent American case has raised questions (more, again) about the future of privacy rights in the digital age and how to adapt current laws to an ever evolving technological world.
On July 18, 2013, in State of New Jersey v. Earls, 22 A.3d 114, the New Jersey Supreme Court held that the New Jersey Constitution protects an individual’s right to privacy in the location of his or her cell phone and that police must therefore obtain a search warrant, based on probable cause, to access this information. The section of the New Jersey Constitution at issue in State . . . [more]