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Fourth Amendment › Cell Phones

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... more +
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 -
EDRM - Electronic Discovery Reference Model

Geofence Search Warrant Held Valid

EDRM - Electronic Discovery Reference Model on

County police officers were investigating a theft of farm equipment. They applied for a “geofence warrant” to be served on Google: “A geofence warrant authorizes the seizure of location data collected from smartphones of...more

WilmerHale

Outlier or Trend? A Possible Narrowing of the Border Search Exception for Electronic Devices

WilmerHale on

As we wrote in a note back in December 2020, the border search exception to the Fourth Amendment is a powerful investigative tool relied on by law enforcement to gather critical physical and digital evidence because it allows...more

Wiley Rein LLP

Maryland Court of Appeals Updates the ‘Particularity’ Standard for Cell Phone Searches as U.S. Courts Develop New Doctrines for...

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On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a...more

Kohrman Jackson & Krantz LLP

Don’t [geo]fence Me In: Federal Court Invalidates General Warrant For All Google Users Near A Bank Robbery

Kohrman Jackson & Krantz LLP on

On May 20, 2019, at approximately 4:52 p.m., a man walked into the Call Federal Credit Union outside Richmond, Virginia, pointed a firearm at the tellers, and threatened to kill them and their families unless he was given at...more

Clark Hill PLC

The Eleventh Circuit Court of Appeals: Some Student Cell Phone Searches do not Violate Clearly Established Law

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The Eleventh Circuit Court of Appeals recently confirmed school officials’ governmental immunity in a Fourth Amendment challenge to a search of one high school student’s cell phone....more

Foley Hoag LLP - Security, Privacy and the...

Can Law Enforcement Force You To Use Your Finger to Unlock Your Phone?

Foley Hoag LLP - Security, Privacy and the... on

Can a fingerprint alone provide “testimony” about a person? Earlier this month, a federal court in California said yes. But the court was not engaging in a highly-localized form of palm-reading; rather, the question arose in...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Alston & Bird

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

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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

Wilson Sonsini Goodrich & Rosati

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

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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

Morrison & Foerster LLP - Social Media

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

Morrison & Foerster LLP - Social Media on

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

Dechert LLP

Privacy of Cell Location Data – Analysis of Carpenter Decision

Dechert LLP on

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

Polsinelli

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

Polsinelli on

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

Davis Wright Tremaine LLP

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

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

Jackson Lewis P.C.

You’re Gonna Need A Warrant For That….

Jackson Lewis P.C. on

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

Parker Poe Adams & Bernstein LLP

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

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

Association of Certified E-Discovery...

Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

Association of Certified E-Discovery... on

The Carpenter decision has been the focus of many discussions since it came down last week. In a closely watched case, a 5-4 SCOTUS ruled that police access to a person’s historical cell phone tower site records (7 days or...more

Mintz - Privacy & Cybersecurity Viewpoints

Narrow Ruling for Privacy at SCOTUS in Carpenter

Mintz - Privacy & Cybersecurity Viewpoints on

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

A&O Shearman

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

A&O Shearman on

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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

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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

Robinson+Cole Data Privacy + Security Insider

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

Robinson+Cole Data Privacy + Security Insider on

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

Kramer Levin Naftalis & Frankel LLP

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

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

Cooley LLP

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

Cooley LLP on

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

Nutter McClennen & Fish LLP

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

Nutter McClennen & Fish LLP on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Alston & Bird

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

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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

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