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Technology Privacy Surveillance

Carpenter

585 U.S. 296Supreme Court of the United States2018Date unavailable

Summary

In Carpenter v. United States, the Supreme Court held that law enforcement's acquisition of extensive historical cell-site location information is a Fourth Amendment search. A lower Stored Communications Act order was not enough; a probable-cause warrant is generally required for this kind of detailed location tracking.

Legal Issue

Does the government's acquisition of historical cell-site location information from a wireless carrier constitute a Fourth Amendment search requiring a warrant supported by probable cause?

Holding

Yes. The Supreme Court held that acquiring Carpenter's historical cell-site records was a Fourth Amendment search. In general, police must get a warrant supported by probable cause before obtaining such extensive CSLI, though the Court left room for exceptions like exigent circumstances.

Rule of Law

Police usually need a warrant before getting a person's long-term cell phone location history from a carrier.

Court Reasoning

Not yet summarized.

Impact for Officers

Carpenter remains a central digital privacy case for law enforcement requests involving historical location records, geofence data, app location histories, and other surveillance tools that can reconstruct a person's movements over time.

What Officers Can Do

Not yet summarized.

What Officers Should Avoid

Not yet summarized.

Common Misunderstanding

Not yet summarized.