Federal prosecutors said FBI agents did not violate the law by tracking a New York assemblyman using cell phone tower data, The Times-Union reports.
Assemblyman William Scarborough had no reasonable expectation of privacy because he was using a cell tower, which prosecutors argued is essentially a business record.
The Queens Democrat was arrested in October on 11 federal charges related to fraudulent travel vouchers from 2009 to 2012.
Tracking his whereabouts was key to the investigation, prosecutors said.
“The defendant could not have a constitutionally cognizable privacy interest in business records that he did not make and has never seen or kept, and that contain information he has never known,” the motion reads.
