But the defense maintains that the prosecution did not have a good faith basis to circumvent the warrant, considering existing precedent and the "raging" legal debate over whether the federal law covers cell phone tracking data. A U.S. Supreme Court decision last year found that turning a suspect's cell phone into a tracking device is a violation of the 4th Amendment.
"While law enforcement should not be penalized for following settled precedent, neither should it be rewarded for exploiting graying areas of constitutional law before they fade to black," Tartaglione's lawyer, Bruce Barket, wrote to U.S. District Judge Kenneth Karas last week.

636178334048777731 Nick Tartaglione

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