U.S. Supreme Court Preview: Carpenter v. United States

In June, the United States Supreme Court granted certiorari in Carpenter v. United States (No. 16-402) (docket here), a case involving the intersection of technology and the Fourth Amendment and application of the third-party doctrine to digital data. In this post I’ll preview that case. During an investigation into a series of robberies of Radio Shack and T-Mobile stores in Michigan and Ohio, the government sought and obtained four months of historical cell site location records for Carpenter and other suspects. Generally, cell site records show which cell tower a cell phone has connected to, including when making or receiving a call. Historical records pertain to data regarding past (as opposed to future) connections. The orders directed the cellular service provider to give the government cell site information for the target phones at call origination and termination, for both incoming and outgoing calls. Using cell site location information produced as to Carpenter’s phone, the government was able to identify the area where his phone was located and thus his location and movements at multiple points each day. The information was obtained pursuant to disclosure orders issued under the Stored Communications Act (SCA). Under the SCA, a disclosure order does not require a finding of probable cause. Instead, the SCA authorizes the issuance of a disclosure order whenever the government “offers specific and articulable facts showing that there are reasonable grounds to believe” that the records sought “are relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d). All told, [...]