FBI Wireless Tracking Program Wasn’t Fourth Amendment Search

The Federal Bureau of Investigation’s use of tracking software to locate a suspect’s wireless devices didn’t constitute a search under the Fourth Amendment, the Ninth Circuit ruled Sept. 18.

The FBI conducted an investigation into the distribution of child pornography through a peer-to-peer file-sharing network. The bureau determined the Internet Protocol address used by a suspect, but a search of the apartment belonging to the subscriber associated with that IP address turned up no devices containing any evidence of child pornography. The FBI determined that two devices had accessed the apartment’s router without the subscriber’s permission.

Agents used “Moocherhunter,” an ...