Outside Counsel

SCOTUS to Decide if Cell Site Location Is Protected by Fourth Amendment

, New York Law Journal


Harry Sandick and George LoBiondo write that in June, the Supreme Court granted certiorari in a case that will test whether the justices are again willing to break new ground in the cell phone privacy context. The court will decide whether the government needs a search warrant to obtain historical records of a suspect's cell phone location, or whether it may do so under the Stored Communication Act, which requires the government to show only that there are reasonable grounds to believe that the records are "relevant and material to an ongoing criminal investigation."

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