Tracey v. State

Broward County officers obtained an order granting the right to install pen register and “trap and trace devices,” but did not obtain an additional order to track Defendant’s cell site location information. Defendant motioned to suppress, alleging his Fourth Amendment rights were violated.

The Court stated that Defendant’s motion to suppress should have been granted. Although Defendant was using public roads while being tracked with cell site location information, Defendant still had an expectation of privacy. The use of Defendant’s cell location information constituted a search, and probable cause was necessary to obtain the information. Because there was no probable cause for the search, and no warrant was issued based on probable cause, the Court ruled that Defendant’s motion to suppress should be granted.

Opinion