Carpenter v. United States

Latest in Carpenter v. United States


The Lawfare Podcast: Orin Kerr on Carpenter

The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with me at Brookings shortly after the argument.

Privacy Paradox

In Defense of the Mosaic Theory

The Carpenter case asks whether and how we should update Fourth Amendment doctrine to accomodate technological change.  This post defends the proposition that the mosaic theory (the idea that the "whole of data is greater than the sum of its parts") is technologically accurate and a good construct for thinking about these changes.   Thought of properly, Carpenter still loses -- but in a different way that is more protective of individual privacy.

U.S. Supreme Court

Government Files Response Brief in Carpenter v. US

Yesterday, the government filed a response brief in Carpenter v. United States, arguing that the Sixth Circuit Court of Appeals decision holding that the government's acquisition of cell phone records did not violate the Fourth Amendment should be affirmed. Counsel for Timothy I. Carpenter filed the cert petition on September 26, 2016, which was granted on June 5, 2017.  You can read the full brief here: 

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