Police in My Pocket: The Need for Fourth Amendment Protection for Cellular Telephone Tracking

The U.S. Supreme Court has yet to rule whether nonphysical surveillance, such as cellular GPS tracking, constitutes a search. Although the Court in Riley v. California required police to obtain a warrant to search a cellphone incident to arrest, it did not address the requirements for tracking. No definitive legal standard for gathering cellular location data exists. Adding to the judicial divide is the lack of relevant statutes. Will the courts or Congress step in to address the legislative void?