Q Does the pinging of a cell phone in order to acquire its location during a criminal investigation constitute the interception of a wire or oral communication pursuant to Section 41-29-501, et seq.?

A “Pinging” is understood to mean securing of cell phone information by which the past or present physical/geographic movement or location of a cell phone may be ascertained. The pinging of a cell phone in order to determine the location of the cell phone (it would not locate a particular person) would not constitute the interception of a wire or oral communication under the provisions of Section 41-29-501, et seq. (Attorney General’s Opinion to Allison dated September 23, 2010)