This week, the full Fourth Circuit Court of Appeals—in a decision that impacts residents in Maryland, North Carolina, South Carolina, Virginia and West Virginia—held that you have no expectation of privacy in historical location data generated by your cell phone. This decision, which follows decisions from four other federal appellate courts, means that now, in the vast majority of states, federal law enforcement agents don’t need to get a warrant to get access to this data from a cell service provider.

Thanks to EFF and the ACLU, the government has finally admitted it secretly used a Stingray to locate a defendant in a Wisconsin criminal case, United States v. Damian Patrick. Amazingly, the government didn’t disclose this fact to the defendant—or the court—until we raised it in an amicus brief we filed in the case. In the government’s brief, filed late last week, it not only fails to acknowledge the impact of hiding this fact from the defendant but also claims its warrantless real-time location tracking didn’t violate the Fourth Amendment.