What is the burden of proof required for obtaining cellular site data?

The burden of proof required for obtaining cellular site data is based on the principle of probable cause. This standard is significant in legal contexts, particularly concerning law enforcement and privacy rights. Probable cause means that there is a reasonable basis to believe that a crime has been committed or that certain evidence related to a crime can be found in the location specified.

In the context of obtaining cellular site data, law enforcement must demonstrate a sufficient factual basis for the request, indicating that the data sought is likely related to a criminal investigation. This level of proof offers a balance between the need for law enforcement to investigate and the protection of an individual’s privacy rights. Other standards, like reasonable suspicion, do not suffice for such requests because they imply a lesser degree of certainty, while clear and convincing evidence requires a higher level of certainty that is not necessary for the acquisition of cellular data. Therefore, probable cause serves as the appropriate threshold for obtaining such sensitive information.