Right now, there is no federal law that says if law enforcement needs a warrant or not to tracks ones cell phone location.
Some states require warrants, some do not, and some have cases pending that will decide this.
Currently West Virginia has a case pending.
The American Civil Liberties Union has created an interactive map explaining what the current status of this is in each state.
“There are some states that have their own laws about tracking, separate from the federal constitutional issues, I know Illinois, for example, does have some protection for it. West Virginia currently does not so it will be decided by federal courts,” said Jamie Lynn Crofts with ACLU of WV.
West Virginia‘s law will be decided by a case coming out of Maryland because we’re in the 4th circuit for the US district court.