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Expert Analysis

Carpenter And The High Court's Shift On 4th Amendment

By Sarah Hall and Brian Lanciault (July 23, 2018, 1:22 PM EDT) -- In a landmark decision issued on June 22, 2018, the U.S. Supreme Court held in a 5-4 decision that law enforcement must generally obtain a search warrant in order to obtain an individual's cell-site location information. The decision departs from the court's precedent, and curtails the ability of law enforcement to gather data and information about potential suspects from their wireless service providers. The decision continues a recent trend where the court has sought to take into account the ubiquity of technology in modern life and "ensure that the progress of science does not erode the Fourth Amendment" protections....

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