Criminal Law Update: Summer 2018 Introduction Last month, the Supreme Court of the United States issued a monumental, long-awaited decision on privacy rights, Fourth Amendment, and digital data. In United States v. Carpenter , the Court ruled that to access an individual’s historical cell phone data, law enforcement needs a warrant supported by probable cause. This applies to the “396 million cell phone service account” in the U.S., as identified by the Court. To hear the figure is overwhelming - 396 million cell phone accounts for a nation of 326 million! The 5-4 split decision displayed the complexities of applying Fourth Amendment law to evolving and invasive technology which has become a natural part of American lives. What is Historical Cell Phone Data? Cell phones operate by connecting to a set of radio antennas called “cell sites” which are typically mounted on towers. These cell sites have directional antennas that divide the covered area into sectors (s...
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