Do Police Need A Warrant To Track Your Cell Phone?

BALTIMORE (WJZ) -- It's a hot topic nationwide--do police need a warrant to track your cell phone? The question has stirred up plenty of controversy over the last few months, and is now being argued in one of the highest courts.

Rick Ritter has more on the challenge that's centered around a case in Baltimore.

Two Baltimore men were sentenced to years in prison for their role in multiple robberies, but they say law enforcement invaded their privacy to put them behind bars.

Sending a text, making a call or even taking a picture--just about every American is chained to their cell phone.

"It is impossible in this day and age to go about our lives without leaving a trail of digital bread crumbs," said Nathan Wessler, ACLU.

The same digital trail investigators are after when tracing suspects.

"The data they can gather from cell phones and from the cell towers can help them," said Steve Taormino, president, Strategic Media.

It's what led Baltimore police to their prime suspects in a string of robberies back in 2011.

Investigators obtained 221 days of data from one of their wireless providers, helping map the duo's whereabouts without having to obtain a search warrant.

Their attorneys are now arguing that it was an invasion of privacy and that a search warrant should have been required to get any type of information off their phone.

The case was highlighted in federal appeals court this week. Nathan Wessler with the ACLU says it's simply not fair.

"What we're arguing is that police have to go to a judge, demonstrate probable cause and get a warrant first," Wessler said.

Currently, just a court order clears the way for police to get cell records--something experts say is vital for law enforcement.

"Law enforcement doing everything they can to try to get the bad guys, so to speak, and legislation just not keeping up," said Taormino.

A battle across the country that's far from over.

Some experts feel that if law enforcement has to obtain a warrant, then more crimes will go unsolved. It's a case that could end up in the Supreme Court.

The U.S. Court of Appeals for the 4th Circuit has jurisdiction over Maryland and Virginia. It's not known when they will rule.