The End Run Around Constitutional Protections Grows

Police Use Data Brokers to Get Phone Records

Following the lead of our federal government, police are now resorting to data brokers and private business records to do some of their leg work. Unless we force congress or the courts to clarify what is and what is not a constitutionally sound method of doing this type of end-run around the constitutional protections, we will see more and more stretching and over-reaching of the law. But as one of my colleagues has asked... "Where is the outrage at the growth of a police state?"

A new report is suggesting federal and local police across the nation are using phone records from private data brokers to catch criminals - but they're doing it without subpoenas or warrants.

The Associated Press' Ted Bridis and John Solomon are reporting the data brokers have "broken into customer accounts online and tricked phone companies into revealing information." Bridis and Solomon say they have obtained documents indicating this is occurring.

Bridis and Solomon say agencies of the Homeland Security and Justice departments -- including the U.S. Marshals Service -- and city police departments in California, Florida, Georgia and Utah are among the agencies participating in this practice.

"There's a good chance there are some laws being broken," Kentucky Rep. Ed Whitfield told the pair. According to Bridis and Solomon, Whitfield's committee, the House Energy and Commerce investigation subcommittee, gathered documents that show how data brokers use trickery, impersonation and technology to gather phone records.

The police agencies told the pair they used the brokers because it was quicker and easier than getting subpoenas, and their lawyers believe their actions did not violate the Fourth Amendment's guarantee against unlawful search.

The records gathered by Whitfield's committee also list some of America's most famous corporations as purchasing information on people from data brokers.