Absent warrant standard, police could monitor anyone via location data

ARS Technica:

This case, Carpenter v. United States, asks a simple question: is it OK for police to seize and search 127 days of cell-site location information (CSLI) without a warrant?

Previously, lower courts have said that such practices are compatible with current law. But the fact that the Supreme Court agreed to hear the case suggests that at least four justices feel that perhaps the law should be changed.

[…]

This is not a trivial distinction. A so-called “d-order” can be circumspect with how information is obtained by authorities. It does not, as the Fourth Amendment demands, require as much particularity. A warrant, unlike a d-order application, also mandates a signed and sworn affidavit (“on oath or affirmation”), as the Constitution requires, which describes the “places to be searched and the things to be seized.”

 

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