Sunday, June 18, 2017

Where's Waldo's cell phone?

More specifically, what must the government do before it can track Waldo's cell phone? The United States Supreme Court will finally answer that question next term, in Carpenter v. United States. Here is the SCOTUSblog page if you want to follow along. The question presented is: 
Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth Amendment. 
With Mr. Carpenter represented by the ACLU, and amicus briefs (so far) by the Electronic Frontier Foundation and the Cato Institute, the case should be well lawyered.

By the way (as those of you who keep up with our Issues Pending summaries know), the Tenth Circuit has a similar claim pending in United States v. Thompson, No. 15-3313 (argued May 10, 2017).

Be sure to preserve this claim if you've got a case involving the warrantless search and seizure of these kinds of cell-phone records.

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