If you make a phone call from jail, it is probably being recorded and monitored using a system provided by companies like Securus Technology. This is true anywhere in the country, including South Carolina.

It turns out that call-monitoring technology can be put to other, even more frightening uses. The Securus system can be used to track any cell phone anywhere in the US almost immediately by tapping into location data held by major mobile carriers.

Cory Hutcheson, a former sheriff in Missouri, has been arrested and accused of using the Securus technology to track the locations of others without a court order – including a judge and several state troopers.

Hutcheson, who faces other, unrelated charges and was removed from his position after an inmate’s death last year, has pleaded guilty. The state troopers whom he is accused of tracking have filed a federal lawsuit against him.

Can SC Authorities Use Call Monitoring Technology to Track My Location?

They probably can.

I’m not aware of law enforcement officials using data tracking technology to keep tabs on SC citizens’ locations, but that doesn’t mean it’s not happening. Some police find this kind of technology irresistible.

Is it legal for them to do this? I don’t think so, but we should find out soon.

The US Supreme Court will decide this year, in Carpenter v. United States, whether a warrantless search and seizure of cell phone records that includes the location and movements of phone users violates the Fourth Amendment prohibition against unreasonable searches.

Tech Trends Affect Law Enforcement Nationwide

This phone tracking system is just the latest in a growing tide of technologies that privacy advocates may find terrifying.

For example, all over the country – even here in Myrtle Beach – our movements are being logged by tens of thousands of cameras that are bolted onto signs and overpasses and mounted on police cars. These cameras track and keep up with license plates and the movements of vehicles.

And, if you send your DNA to a private genealogy company, police may match it against DNA taken from crime scenes to track down suspects – that’s how they identified the Golden State Killer suspect earlier this year.

If You are In Jail or Prison, Your Phone Calls are Recorded

If you’re an inmate in a SC jail or prison, remember that your phone calls are being monitored and recorded. You should never talk to anyone other than your lawyer about your case – and you should only talk to your lawyer in person.

Believe it or not, just telling your mother that you are not guilty of the crime you’ve been arrested for can hurt you, because prosecutors will not hesitate to take statements that you make during a phone call out of context. And it’s not just phone calls – the video conferencing machines are also recording you.

Criminal Defense Attorney in Charleston, SC

Grant B. Smaldone represents clients accused of crimes in the Charleston, Dorchester, Georgetown, and Myrtle Beach areas of SC. If you’ve been accused of a crime, call now at (843) 808-2100 or email us through our website – get an experienced criminal defense lawyer on your side immediately, because the state is already building their case against you.