Wrestling With Location Data Privacy At The High Court

Law360, New York (December 4, 2017, 1:59 PM EST) -- In 2014, the U.S. Supreme Court held in Riley v. California that a warrantless cellphone search violated the Fourth Amendment. The court recognized that cellphone use is ubiquitous. Ninety percent of Americans own a cellphone. Nearly 75 percent report being within five feet of their phones at all times. Twelve percent even admit to using their phones in the shower. Riley v. California, 134 S. Ct. 2373, 2490 (2014). The volume and sensitivity of personal information generated by cellphone use presents complex issues at the intersection of data privacy and law enforcement.

Last week, in Carpenter v. United States, the Supreme Court heard argument...

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