News & Analysis as of September 19, 2024

Probable Cause

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The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures and provides that warrants may only be granted upon findings of probable cause. The Fourth Amendment applies to the States via the Due Process Clause of the Fourteenth Amendment. Important areas of Fourth Amendment jurisprudence flow from questions surrounding the definitions of "search" and "seizure," the applicability of the Amendment to so-called "stop and frisk" situations, the level of control that must be exerted by law enforcement before an individual is deemed "seized," and the "exclusionary rule," just to name a few. less -

Carpenter May Reveal A Recipe For Defense In High Tech Criminal And Regulatory Cases

Fox Rothschild LLP on 8/13/2018

The U.S. Supreme Court has once again expanded the Fourth Amendment protections afforded to certain modern digital communications. And in doing so, the unusual five-justice majority led by Chief Justice Roberts has suggested...more

U.S. Supreme Court Builds On Individuals’ Privacy Rights

Alston & Bird on 7/27/2018

In a landmark Fourth Amendment case, the U.S. Supreme Court ruled that digital is different. A cross-practice team from our National Security & Digital Crimes and Cybersecurity Preparedness & Response teams parse the narrow...more

U.S. Supreme Court Requires Warrant for Law Enforcement Requests for Location Information from Third Parties

Wilson Sonsini Goodrich & Rosati on 7/26/2018

The U.S. Supreme Court has handed down a major decision, Carpenter v. United States, concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the...more

Location Information Is Protected by the 4th Amendment, SCOTUS Rules

Morrison & Foerster LLP - Social Media on 7/20/2018

As close observers of the implications of privacy law on companies’ data collection, usage and disclosure practices, we at Socially Aware were among the many tech-law enthusiasts anticipating the U.S. Supreme Court’s recent...more

Privacy of Cell Location Data – Analysis of Carpenter Decision

Dechert LLP on 7/18/2018

In a closely watched decision, the United States Supreme Court recently held in Carpenter v. United States that government prosecutors must seek a warrant to obtain cell phone site location information from cell phone service...more

In Carpenter v. United States, the Supreme Court Extends Fourth Amendment Protections to Consumer Data Held by Wireless Carriers

Polsinelli on 7/16/2018

The U.S. Supreme Court recently ruled in Carpenter v. United States that the government must have a warrant to access an individual’s cell phone location history from wireless carriers. The Court held, in a 5–4 opinion issued...more

INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed or Wanted

Davis Wright Tremaine LLP on 7/11/2018

On June 22, 2018, the United States Supreme Court appeared to establish a new standard for privacy rights when its decision in Carpenter v. United States, 2018 BL 222220 (2018), held that the government’s acquisition of a...more

You’re Gonna Need A Warrant For That….

Jackson Lewis P.C. on 7/10/2018

On June 22, 2018, in Carpenter v. United States, the United States Supreme Court decided that the federal government would need a warrant in order to obtain historical location data from cellular service providers, based on...more

What the U.S. Supreme Court's Cell Tower Ruling Means for the Intersection of Privacy and Modern Technology

Parker Poe Adams & Bernstein LLP on 7/6/2018

In a 5-4 decision on June 22, the Supreme Court in Carpenter v. United States ruled that the police need a search warrant to access cell tower records that can map a criminal suspect’s location and movements. Chief Justice...more

Narrow Ruling for Privacy at SCOTUS in Carpenter

Mintz - Privacy & Cybersecurity Viewpoints on 7/3/2018

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter...more

Supreme Court Requires Law Enforcement To Obtain Search Warrants Before Accessing Certain Cell Phone Location Data

A&O Shearman on 7/3/2018

On June 22, 2018, in a 5-4 ruling, the United States Supreme Court held that the government’s acquisition of certain cell-site location information (“CSLI”) kept by third parties constitutes a search under the Fourth...more

Data Privacy + Cybersecurity Insider - June 2018 #4

Robinson & Cole LLP on 7/2/2018

Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

U.S. Supreme Court Issues Seminal Privacy Decision Concerning Cell Location Data

Robinson+Cole Data Privacy + Security Insider on 6/29/2018

Cell phones are a ubiquitous part of our modern life. It’s easy to forget that they are constantly tapping into the wireless networks around us several times a minute, even when we’re not using them. ...more

U.S. Supreme Court Upholds Criminal Defendant’s Fourth Amendment Interest in Cell Site Data Held by Third Party

Kramer Levin Naftalis & Frankel LLP on 6/29/2018

In its June 22, 2018, decision in Carpenter v. United States, a 5-4 majority of the Supreme Court held that a criminal defendant’s Fourth Amendment rights were violated when the government obtained a court order requiring his...more

Alert: Carpenter v. United States: What It Means for Companies that Collect Location Data

Cooley LLP on 6/29/2018

On June 22, the Supreme Court issued its decision in Carpenter v. United States and held that law enforcement officials must obtain a warrant before they can ask wireless providers for automatically generated information...more

Bringing the Fourth Amendment into the Digital Age: Implications of Carpenter v. United States

Nutter McClennen & Fish LLP on 6/28/2018

The Supreme Court announced a major decision interpreting the Fourth Amendment for the digital age in Carpenter v. United States. The case is a significant win for privacy advocates and a sea change in the Court’s...more

SCOTUS Issues Landmark Decision on Cell Phone Location Data with Major Implications for Fourth Amendment Privacy

Womble Bond Dickinson on 6/28/2018

On Friday, June 22, 2018, the Supreme Court issued its much-anticipated opinion in Carpenter v. United States, 585 US. __ (2018), and declared a Fourth Amendment privacy right for cell phone location data. Seeing how...more

Supreme Court Recognizes Reasonable Expectation of Privacy in Historical Cell-Site Location Information

Alston & Bird on 6/28/2018

The Supreme Court recently held in Carpenter v. United States that an individual has a reasonable expectation of privacy in historical cell-site location information (CSLI) that provides a comprehensive view of the...more

Supreme Court: Warrant Now Required to Obtain Historical Cell Site Location Information

Womble Bond Dickinson on 6/27/2018

In a landmark 5–4 decision, the Supreme Court of the U.S. (Court) has reversed the decision of the U.S. Court of Appeals for the Sixth Circuit holding that generally, the government’s acquisition of historical cell site...more

Supreme Court Alert: The Government Must Obtain a Warrant for Cell-Site Records

White and Williams LLP on 6/27/2018

Earlier this morning, the Supreme Court of the United States issued its long-awaited ruling in Carpenter v. United States. The question answered by the Court was “whether the Government conducts a search under the Fourth...more

U.S. Supreme Court Holds that Historical Cell Site Location Data Is Subject to a Reasonable Expectation of Privacy

Hogan Lovells on 6/26/2018

In a landmark 5-4 decision, the United States Supreme Court held that the government conducts a search under the Fourth Amendment and therefore, absent exigent circumstances, needs a warrant supported by probable cause when...more

Supreme TCPA Crossover: Your Cell Phone Location Data is Safe From Government Intrusion—but Might that Also Mean that Robocalls Do...

Womble Bond Dickinson on 6/26/2018

It’s amazing what’s controversial these days. One would think that something as intimate as a complete record of a person’s movements over the past five years would never be available to law enforcement without a warrant....more

Privacy Advocates See Victory as Supreme Court Extends Fourth Amendment Protections to Historical Cellphone Location Information

BakerHostetler on 6/26/2018

On June 22, the Supreme Court issued its highly anticipated decision addressing privacy in the digital age, holding that the government generally must obtain a search warrant supported by probable cause to search a target’s...more

Supreme Court Rules Government Must Obtain Search Warrant for Mobile Phone Location Data

Carlton Fields on 6/26/2018

In a decision highly-anticipated by the telecommunications industry, law enforcement, and privacy advocates, the U.S. Supreme Court issued a 5-4 ruling that the government generally cannot obtain mobile phone location...more

Alert: US Supreme Court: Fourth Amendment Applies to Cellphone Tracking

Cooley LLP on 6/26/2018

In a landmark Fourth Amendment decision in Carpenter v. United States, delivered on June 22, the Supreme Court addressed the intersection of privacy and law enforcement in the digital age. It held that law enforcement...more

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Fourth Amendment › Warrantless Searches › Probable Cause

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