In 2005, afederalmagistratejudge rejectedthe argument that the lawcould beused to compelatelecommunications provider to allowreal-timetracking of acellphone without asearch warrant.
The men, whose attorneys could not be immediately reached for comment, were slated to appear before a federalmagistrate in U.S. District court later Tuesday.
Herrera is being booked into the Multnomah County (Oregon) Detention Center, and will likely make his initial appearance on Tuesday before a federalmagistrate in Portland, Steele said.