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SALT LAKE CITY — The ACLU is detailing police departments across the country that may be tracking cellphone calls and GPS data without obtaining a warrant first, including here in Utah.
The ACLU requested public records from 383 law enforcement agencies around the country to see how often they were tracking cellphones and if they were obtaining warrants to do so. More than 200 agencies responded, including several in Utah.
The ACLU report shows most law enforcement agencies do not get probable cause warrants to track cellphones. The Weber County Sheriff's Office, for example, is among those.
Salt Lake County Sheriff's Office
Unified Police Department
Washington County Sheriff's Office
Weber County Sheriff's Office
West Valley City Police Department
Utah County Sheriff's Office
The department says it most frequently uses cellphone records to try to locate a missing person. In those cases, there is no prosecution so the department doesn't consider getting warrants.
The department told the Standard Examiner it uses cellphone records as part of criminal investigations no more than twice a year. It also noted that policies for obtaining the information vary by cellphone company.
Darcy Goddard with the ACLU of Utah earlier told KSL about the group's concerns. "When they have your cellphone number, can they just go to your cellphone carrier and say, ‘I would like this information about this person?'" she said.
The ACLU contends individual cellphone companies should not be left to determine when a warrant is needed. It supports a bill, sponsored by Rep. Jason Chaffetz, R-Utah, that would require police to get a probable cause warrant before accessing cellphone information.
Ten of the responding agencies said they do not track cellphones.
Get cellphone tracking records response for Utah here.
