August 23, 2014
YERINGTON, Nev. (AP) - The Nevada Supreme Court is considering whether a convicted stalker's constitutional rights were violated when a Douglas County sheriff's deputy tracked him through his cellphone's global positioning system without first obtaining a warrant.
During oral arguments Thursday in Yerington, attorney Kris Brown said Michael's Meisler's Fourth Amendment right against illegal searches was violated.
Chief Deputy District Attorney Thomas countered use of the cellphone records was justified.
Meisler is a disbarred lawyer and had a previous conviction for stalking. The deputy obtained a warrant for his arrest on charges of stalking a former girlfriend and her 17-year-old son.
The Las Vegas Review-Journal reports the case may be the first in Nevada involving police making warrantless use of cellphones.
Justices will rule at a later date.
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