In Carpenter v. United States the Supreme Court will decide whether the Fourth Amendment bars the warrantless collection of cell phone location records. The Court previously ruled in Riley v. California that officers cannot search a cell phone incident to a lawful arrest without a warrant, and earlier held in United States v. Jones that the warrantless attachment and use of a GPS tracking device to monitor the movements of a person’s car over time violated the Fourth Amendment. Now the Court is poised to consider the degree of Fourth Amendment protection given to the location data that is generated by our cell phones. How will the Court view this issue in light of its recent digital privacy cases? Will the Court take up the call by Justice Sotomayor and others to reconsider the application of Smith v. Maryland and the Fourth Amendment rules concerning records held by third parties? Join us to discuss the case following the oral argument on November 29th.
Alan Butler, Dan Schweitzer, Jake Laperruque, Elizabeth Wydra
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