Supreme Court: Warrant Required to Access Phone Location Data
In a 5-to-four decision, the Supreme Courtroom on Friday ruled that the government generally does demand to obtain a warrant before collecting location information from cell phones.
The example, Carpenter v. United states of america, posed a question that has come upwards time and once more – do police need a warrant based on probable cause before accessing cell phone location records from wireless carriers? The Supreme Court said yes, but stressed that its determination is narrow.
"We concur only that a warrant is required in the rare case where the suspect has a legitimate privacy interest in records held by a tertiary party," Chief Justice John Roberts wrote, according to The New York Times.
Privacy advocates are at present celebrating what they're calling a landmark victory.
Today's celebrated Supreme Court cellphone tracking win will have a ripple effect for privacy. It will help protect all sorts of digital data stored online, from emails to information from smart home appliances.
— ACLU (@ACLU) June 22, 2022
The American Civil Liberties Marriage (ACLU) represented Timothy Carpenter, who was convicted of robbery in Detroit, based in part on months' worth of telephone location records the regime obtained in 2022 without a probable cause warrant. The records covered 127 days, revealing 12,898 separate points of location data.
The ACLU argued that because cell phone location records offering a wealth of private details about people'south lives — such as their personal relationships, visits to the doctor, or religious practices — they should be covered past the Fourth Amendment, which protects against "unreasonable" searches and seizures past police force enforcement.
Tech giants including Apple, Facebook, Google, Twitter and Verizon in August filed a cursory with the Supreme Court arguing that the Fourth Subpoena "must adapt to the changing realities of the digital era."
The determination comes after the quaternary United states of america Circuit Court of Appeals in Richmond, Virginia, ruled in 2022 that law-enforcement officials exercise not need to obtain a warrant earlier tracking a person's location via wireless carriers. The courtroom found that location data is already delivered to a tertiary party—in this case, the carriers—and therefore doesn't require a warrant if data is readily accessible.
Most Angela Moscaritolo
Source: https://sea.pcmag.com/news/27002/supreme-court-warrant-required-to-access-phone-location-data
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