Supreme Court Weighing Warrants for Cell Phone Location
The Supreme Court today heard a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. Government agencies do not currently need a warrant when requesting location and other data held by phone companies thanks to a 1979 court case. In that case, the Supreme Court decided a suspect had no reasonable expectation of privacy because he dialed phone numbers into his home phone. In so doing, he gave the phone company, a third party, that information. Personal data held by third parties is not as protected as information held by suspects. This third-party doctrine is what allows law enforcement to seek suspects' historical movements from cell phone companies without obtaining a warrant. In more recent cases, the Supreme Court has ruled that the government needs a warrant to seek GPS data and search suspects' cell phones. Today's case, Carpenter v. United States, argues that the third-party doctrine is outdated and that law enforcement seeking such data should be required to obtain a warrant as it would for GPS data. Carpenter's lawyers argued taking location data from a third party without a warrant violates the Fourth Amendment. "Most Americans, I think, still want to avoid Big Brother," noted Justice Sonia Sotomayor, further saying most people take their phones into bathrooms, bedrooms, and dressing rooms, all places where they expect privacy. At least four justices agree with Carpenter's basic argument, according to the Associated Press. The panel of justices will make a decision on the matter by next June.
Supreme Court to Weigh Accessibility of Cell Location Data
Jun 5, 2017
The Supreme Court today said it will hear a case regarding whether or not law enforcement can access certain types of cell location data without a warrant. As it stands today, the government does not need to get a warrant when seeking location and other information held by phone companies.
Judge Says Law Enforcement Needs Warrant to Use Stingrays
Jul 13, 2016
A federal judge has tossed evidence discovered by Drug Enforcement Administration officers after they used a Stingray to locate a suspect without a warrant. The case involves a drug trafficking ring in New York City.
Apple, Google, Others Weigh In On Supreme Court Data Case
Aug 15, 2017
Apple and a handful of technology companies are asking the Supreme Court to carefully consider the potential adverse outcomes if law enforcement is given warrantless access to personal information, such as location data. The companies filed a brief with the Supreme Court, which will soon hear a case about how law enforcement gleaned a suspect's location by taking the data from a third party without a warrant.
Supreme Court Won't Weigh In On Phone Location Warrants
Nov 9, 2015
The U.S. Supreme Court has chosen not to review an appeal concerning the use of search warrants for cellphone location data.