Carpenter v. United States [SCOTUSbrief]

Описание: Does the Fourth Amendment allow for a warrantless search and seizure of cellphone location data by the police? Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review, outlines the issues at stake in the upcoming Supreme Court case, Carpenter v. United States.

JUDGMENT: June 22, 2018. Reversed and remanded, 5-4, in an opinion by Chief Justice Roberts. Justice Kennedy filed a dissenting opinion, in which Justices Thomas and Alito joined. Justice Thomas filed a dissenting opinion. Justice Alito filed a dissenting opinion, in which Justice Thomas joined. Justice Gorsuch filed a dissenting opinion.

HOLDING: The government's warrantless acquisition of Carpenter's cell-site records violated his Fourth Amendment right against unreasonable searches and seizures.

https://www.supremecourt.gov/opinions...

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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Related Links:

SCOTUSblog:
http://www.scotusblog.com/case-files/...

What the Founders Would Say About Cellphone Surveillance
https://www.aclu.org/blog/privacy-tec...

Four Thoughts on the Briefing in Carpenter v. United States
https://www.lawfareblog.com/four-thou...

Carpenter v. United States and the positive law model
https://www.washingtonpost.com/news/v...