Supreme Court adopts new rules for cell phone tracking
Headline Legal News | 2018/06/24 21:32
The Supreme Court says police generally need a search warrant if they want to track criminal suspects’ movements by collecting information about where they’ve used their cellphones. The justices’ 5-4 decision Friday is a victory for privacy in the digital age. Police collection of cellphone tower information has become an important tool in criminal investigations.

The outcome marks a big change in how police can obtain phone records. Authorities can go to the phone company and obtain information about the numbers dialed from a home telephone without presenting a warrant. Chief Justice John Roberts wrote the majority opinion, joined by the court’s four liberals. Roberts said the court’s decision is limited to cellphone tracking information and does not affect other business records, including those held by banks.

He also wrote that police still can respond to an emergency and obtain records without a warrant. Justices Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch dissented. Kennedy wrote that the court’s “new and uncharted course will inhibit law enforcement” and “keep defendants and judges guessing for years to come.”

The court ruled in the case of Timothy Carpenter, who was sentenced to 116 years in prison for his role in a string of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio. Cell tower records that investigators got without a warrant bolstered the case against Carpenter. Investigators obtained the cell tower records with a court order that requires a lower standard than the “probable cause” needed to obtain a warrant. “Probable cause” requires strong evidence that a person has committed a crime.

The judge at Carpenter’s trial refused to suppress the records, finding no warrant was needed, and a federal appeals court agreed. The Trump administration said the lower court decisions should be upheld. The American Civil Liberties Union, representing Carpenter, said a warrant would provide protection against unjustified government snooping. The administration relied in part on a 1979 Supreme Court decision that treated phone records differently than the conversation in a phone call, for which a warrant generally is required.

In a case involving a single home telephone, the court said then that people had no expectation of privacy in the records of calls made and kept by the phone company. That case came to the court before the digital age, and the law on which prosecutors relied to obtain an order for Carpenter’s records dates from 1986, when few people had cellphones. The Supreme Court in recent years has acknowledged technology’s effects on privacy. In 2014, the court held unanimously that police must generally get a warrant to search the cellphones of people they arrest. Other items people carry with them may be looked at without a warrant, after an arrest.


[PREV] [1] ..[13][14][15][16][17][18][19][20][21].. [1987] [NEXT]
All
Headline Legal News
Legal Topics
Legal Business
Attorney News
Court News
Court Watch
Areas of Focus
Legal Interview
Opinions
German court: Catalan politician ..
Demonstrators force Fox crew from..
German court: Catalan politician ..
Audit: 'Pervasive lack of account..
Hawaii Supreme Court sides with l..
Wisconsin court to rule on conser..
The Latest: Trump promises 'great..
The Latest: Trump promises 'great..
Trump closes in on Supreme Court ..
Drivers challenge license suspens..
Trump has 2 or 3 more candidates ..
Schumer rallies opposition to Tru..
Prosecutor to press court to rele..
McConnell touts Thapar for Suprem..
Georgia officer to appear in cour..
For new Supreme Court justice, a ..
Supreme Court adopts new rules fo..
Man charged in bike path killings..
Indonesia court sentences cleric ..
High Court: Online shoppers can b..




Santa Ana Workers' Compensation Lawyers
www.gentryashtonlaw.com
Fort Washington Employment Law Firm
Attorney Marc E. Weinstein
www.meweinsteinlaw.com
Chicago Truck Drivers Lawyer
Chicago Workers' Comp Attorneys
www.krol-law.com
Downtown Manhattan Business Law Attorneys
Breach of Contract Lawyers
www.woodslaw.com
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Lorain Elyria Divorce Lawyer
www.loraindivorceattorney.com
Chicago Business Law Attorney
Corporate Litigation Attorneys
www.rothlawgroup.com
Houston Estate Administration Lawyer
www.trishaenglishlaw.com
Car Accidents Attorneys
New Rochelle Personal Injury
www.kboattorneys.com
Surry County Criminal Defense Lawyers
Yadkin County Family Law Attorneys
www.dirussolaw.com
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Law Firm Web Design Templates
Lawyer Website Templates
www.webpromo.com
   Legal Resource
Headline Legal News for You to Reach America's Best Legal Professionals. The latest legal news and information - Law Firm, Lawyer and Legal Professional news in the Media.
 
 
 
Copyright © ClickTheLaw.com. All Rights Reserved. The content contained on the web site has been prepared by Click The Law. as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. By using the www.clickthelaw.com you agree to be bound by these Terms & Conditions.

Law Firm Web Design by Lawyer Website Design - Lawyer Web Site Design That Works