The United States Supreme Court’s recent decision in Carpenter vs. United States (16-402) is absolutely one of the most recent 4th Amendment decisions from the Court of significance to criminal defense lawyers. The Court held that when law enforcement seeks to acquire cell phone site location data for a subject, a search warrant based upon probable cause is required despite the fact that the records are held by a third party.
This decision is of such enormity, I have decided to create a blog devoted to application of Fourth Amendment principles towards this type of modern technology. This blog will seek to inform interested readers on the latest applications of the Carpenter decision as new decisions are rendered by courts nationwide. Also of interest are strategy discussions as they are developed by either prosecution or defense on a number of issues regarding the scope and application of the Carpenter decision.
If you see an item of interest that you believe should be included, please email it to billwolf@wolfcriminallaw.com and I will include it.
The next post will be a comprehensive discussion of the majority opinion authored by Chief Justice John Roberts and joined by Justices Breyer, Ginsburg, Kagan, and Sotomayor.