Nevada court denies appeal of cellphone tracking

Published on NewsOK Modified: April 3, 2014 at 5:22 pm •  Published: April 3, 2014

CARSON CITY, Nev. (AP) — A convicted stalker's claims that his rights were violated when a Douglas County sheriff's deputy tracked him down through his cellphone's Global Positioning System without first obtaining a separate search warrant were rejected Thursday by the Nevada Supreme Court.

A panel of three justices instead affirmed Michael Meisler's conviction, saying officers had obtained a valid arrest warrant before requesting his phone's GPS coordinates.

"Because an arrest warrant would have justified an entry into Meisler's home, an arrest warrant likewise justifies a digital entry into his cellphone to retrieve GPS coordinates for the purpose of locating him," said the opinion written by Justice Michael Cherry.

Meisler, a disbarred attorney with a previous stalking conviction, was charged with felony aggravating stalking for threatening Janice Tebo after she ended their relationship.

Meisler repeatedly sent Tebo threatening emails, text messages and letters, According to court documents. The communications included references to the 1987 film "Fatal Attraction," and statements that Tebo had made a "fatal decision."

Another message referred to the day President John F. Kennedy died and said, "Today is also a day u will also not eva forget ..."