In Re the United States for an Order for Prospective Cell Site Location Information on a Certain Cellular Telephone

MEMORANDUM OPINION

KAPLAN, District Judge.

The question before the Court is whether the government may obtain, without a showing of probable cause, prospective cell site information that would reveal the general location — and, in some circumstances, permit law enforcement agents to .track the precise movements — of a particular cellular telephone on a real-time basis. The government contends that courts may order the disclosure of such information pursuant to the combined authority of 18 U.S.C. § 3121 et seq. (the “Pen Register Statute”) and 18 U.S.C. § 2701 et seq. (the “Stored Communications…