Nonetheless, law enforcement's ability to zero in on a criminal's whereabouts no doubt saves lives. The Post acknowledges the government's tracking ability allowed federal agents to pinpoint the location of a serial murderer linked to at least six murders in four states. The killer died in a shootout in Florida in October 2006 while being pursued by police before he could kill again.
But what if a crime were in progress when the government sought the information? What if a child had been abducted and the police had reason to suspect that a convicted child molester had fled the area with the child? Would Fourth Amendment purists really want to argue that the government should not gain access to information that could help them locate the child before he is hurt?
One simple solution would be to require telecommunications companies to notify buyers that their phones include tracking devices, that this information may be accessed by law enforcement agencies and require subscribers to give their assent in order to purchase the cell phone service. Some judges have ruled already that law enforcement access to cell phone transmission data without a warrant is implicit because the government did not install the tracking devices and users voluntarily carry the devices and agree to permit the transmission of location data to the cell phone carrier. But a simple notice would make it clear that buyers should beware of using cell phones in criminal activity.
Of course, anyone who is really worried about Big Brother tracking him down can opt not to carry a cell phone at all.