Like nearly everyone else, I have a few thoughts on the Supreme Court’s decision Friday in Carpenter v. United States.
Latest in Carpenter v. United States
As 2017 (finally) comes to an end, we’re looking back on an eventful year.
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.
As the Supreme Court begins its formal consideration of the Carpenter case, it seems useful to me to finally take up the challenge that my friend, Orin Kerr, has often laid down -- he asks why nobody is defending the mosaic theory? So let me do it in this (rather lenghty) post.
The Supreme Court will hear argument on Nov. 29th in Carpenter v. United States, a case on whether the Fourth Amendment applies to government collection of historical cell-site records. I wrote an amicus brief in the case that explains my basic views on it. I have four additional thoughts on the briefing, however, so I figured I would offer them here.
Orin Kerr, professor at George Washington University Law School, filed an amicus brief today in support of the respondent in Carpenter vs. U.S. The brief, which may be of interest to Lawfare readers, is available here:
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:
Yesterday the Supreme Court granted certiorari in Carpenter v.
The Supreme Court has granted a writ of certiorari in Carpenter v. United States, agreeing to review the decision by the U.S. Court of Appeals for the Sixth Circuit holding that the Fourth Amendment permits the government to permissibly access cell-site records revealing the user's location without a warrant. The case implicates serious ongoing debates over Fourth Amendment jurisprudence and will likely make for a major Supreme Court decision.