Executive Voice
Digital Privacy: The Supreme Court’s Landmark Decision Requires a Warrant for Cell Phone Location Data

In today’s digital age, our cell phones have become an extension of our bodies, and the data they hold can reveal a wealth of information about our lives. But who has the right to access that data? That was the question before the Supreme Court in the recent case of Carpenter v. United States, and their landmark decision has far-reaching implications for digital privacy.
The Supreme Court’s landmark decision in Carpenter v. United States has significant implications for digital privacy in the United States. The case centered around whether the government’s collection of cell phone location data, obtained from third-party carriers without a warrant, violated the Fourth Amendment’s protection against unreasonable searches. In a 5-4 decision, the Court ruled that a warrant is required for the government to access historical cell phone records. This decision reinforces the Fourth Amendment’s protections in the digital realm and sets a precedent for future cases involving government access to digital data.
In 2011, Timothy Carpenter was arrested and charged with multiple counts of robbery and carrying a firearm during a federal crime of violence. The government used his cell phone location data, obtained from third party cell phone carriers, to track his movements for 127 days leading up to his arrest. The data showed him at the locations of the robberies, and he was subsequently convicted and sentenced to over 100 years in prison.
The legal question before the Supreme Court was whether the government’s collection of this data violated the Fourth Amendment’s protection against unreasonable searches. The government argued that a court order for disclosure, obtained under the Stored Communications Act, was sufficient authorization for obtaining the data. Carpenter’s attorneys argued that a search warrant, which requires probable cause, should have been required.
In a 5-4 decision, the Court sided with Carpenter and ruled that a warrant is required for the government to access historical cell phone records. Writing for the majority, Chief Justice Roberts stated that technology “risks Government encroachment of the sort the Framers…drafted the Fourth Amendment to prevent.” The Court recognized that cell phone location data provides a comprehensive chronicle of a person’s movements and is therefore highly sensitive and private information.
This decision is a significant victory for digital privacy rights. It reaffirms that the Fourth Amendment’s protections against unreasonable searches apply to the digital realm, and that individuals have a right to be free from government surveillance without probable cause. It also acknowledges the need for limits on government access to digital data and sets a precedent for future cases.
The Court’s decision in Carpenter builds on earlier decisions in United States v. Jones and Riley v. California, which limited police use of GPS devices and required a warrant to search cellphones, respectively. Together, these cases reflect the Court’s growing discomfort with unlimited government access to digital data and signal a shift towards greater protection of digital privacy rights.
But the fight for digital privacy is far from over. As technology continues to advance, new questions will arise about the scope of government surveillance and the limits of individual privacy. It is up to lawmakers, legal experts, and citizens to ensure that our constitutional rights keep pace with the changing landscape of technology.
For criminal defense lawyers like Stephen Handy, Carpenter v. United States is a critical decision that provides important new protections for their clients. If you have been accused of a crime, it is important to seek legal representation as soon as possible to protect your rights and ensure a fair trial.
In the end, the Carpenter decision affirms that our digital privacy is a fundamental right that must be protected in the face of new and evolving technologies. As Chief Justice Roberts wrote, “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple–get a warrant.”
Summary:
In 2011, Timothy Carpenter was convicted of multiple counts of robbery and carrying a firearm during a federal crime of violence. The government used his cell phone location data, obtained without a warrant from third-party carriers, to track his movements leading up to his arrest. The Supreme Court was tasked with determining whether this collection of data violated the Fourth Amendment’s protection against unreasonable searches. In a 5-4 decision, the Court ruled in favor of Carpenter and held that a warrant is required for the government to access historical cell phone records. This decision affirms the need for limits on government access to digital data and reflects a growing discomfort with unlimited government surveillance in the digital realm. It is a significant victory for digital privacy rights and sets a precedent for future cases.
