Commonwealth v. Pacheco
Supreme Court Victory: Digital Privacy Rights
The Challenge
In a major narcotics investigation, law enforcement used "ping" orders to track Mr. Pacheco's real-time location via his cell phone for weeks. They obtained these orders under the Wiretap Act, which requires a lower burden of proof than a search warrant.
The Legal Strategy
We challenged the constitutionality of this surveillance, arguing that tracking a person's real-time movements via their cell phone constitutes a "search" under the Pennsylvania Constitution. Therefore, it requires a full search warrant based on probable cause, not just a court order.
The Outcome
The Pennsylvania Supreme Court agreed with our arguments. The Court ruled that obtaining real-time Cell Site Location Information (CSLI) violates a citizen's reasonable expectation of privacy unless supported by a warrant.
"A major victory for digital privacy rights in the modern age, establishing that your phone cannot be turned into a tracking device without a warrant."