In a 5-4 decision on Friday the justices said that police need warrants to gather phone location data as evidence for trials. That reversed and remanded a decision by the Sixth Circuit Court of Appeals.
Carpenter v. United States is the first case about phone location data that the Supreme Court has ruled on. That makes it a landmark decision regarding how law enforcement agencies can use technology as they build cases. The court heard arguments in the case on Nov. 29.
It's no giant burden to get a warrant, and requiring one surely protects people's rights. I think this is the direction the country is going in, although I'd prefer that the law be made in Congress rather than by legislating from the bench like this.
I never had that "intrusion" problem back in the 1960s. I still don't now for the same reason I didn't 55 years ago.
ReplyDeleteIt's worth pointing out that it still doesn't address the huge 4th amendment loophole, the 3rd party doctrine. If it's your data that is under the control of a 3rd party, the Gov't doesn't need a warrant to seize it, and in some cases, the Gov't has mandated that 3rd parties report your business to the Gov't (ex: banking).
ReplyDeleteYes.....but since there is NO PUNISHMENT suffered by badgemonkeys who violate your rights this OPINION by the courts is exactly that. Until the insanity of qualified immunity is permanently ended there is zero incentive for LEO to respect your rights, obey the law or even refrain from out right murder.
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