American Civil Liberties Union

Smartphones can be a cop's best friend. They are packed with private information like emails, text messages, photos, and calling history. Unsurprisingly, law enforcement agencies now routinely seize and search phones. This occurs at traffic stops, during raids of a target's home or office, and during interrogations and stops at the U.S. border. These searches are frequently conducted without any court order.

Several courts around the country have blessed such searches, and so as a practical matter, if the police seize your phone, there isn't much you can do after the fact to keep your data out of their hands.

In April, ACLU of Colorado filed public records requests seeking to learn about their local law enforcement agencies’ policies, procedures, and practices for tracking cell phones, bringing the total count of ACLU-filed cell phone location tracking public records requests to over 400. (We’ve written about what we’ve learned nationwide here, here, here, here, and here, and our findings were featured in a front page story in the New York Times in April). What Colorado learned is particularly interesting because a remarkable number of law enforcement agencies in Colorado are getting probable cause warrants before tracking cell phone location information—Arvada, Boulder, Colorado Springs, Denver, and El Paso County always get warrants in investigative circumstances—and because Denver’s practices pretty much follow existing legislative proposals, proving these bills totally workable.

The Republican Party’s 2012 platform, unveiled at the RNC Tuesday, includes this reference to domestic drone surveillance:

Affirming ‘the right of the people to be secure in their houses, papers, and effects, against unreasonable searches and seizures,’ we support pending legislation to prevent unwarranted or unreasonable governmental intrusion through the use of aerial surveillance or flyovers on U.S. soil, with the exception of patrolling our national borders. All security measures and police actions should be viewed through the lens of the Fourth Amendment; for if we trade liberty for security, we shall have neither.

A week after the Department of Justice notified the Associated Press that it had secretly seized records for more than 20 phone lines...