Analysis

Location Privacy Warrant Lines Still Murky After Carpenter

Law360 (August 19, 2019, 8:52 PM EDT) -- District courts have been reluctant to require warrants for access to digital records beyond the historical cellphone location data covered by the U.S. Supreme Court's Carpenter decision, but appellate courts may end up flipping the script as criminal defendants and service providers continue to fight back.

The high court ruled last June in Carpenter that records held by third-party wireless carriers about the location of cell towers used to route calls to and from cellphones are entitled to heightened privacy protections and require a warrant to obtain. However, the court left open whether the requirement applies to other categories of sensitive...

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