Smart and reasonable detective work overturned. Part 2 of 2. @RichardAEpstein

Jun 30, 12:01 AM


(Photo:English: John Barrymore (left) & Gustav von Seyffertitz in Sherlock Holmes - publicity still (original image cropped : see source)

Date 1922


Author unknown (Goldwyn Pictures / Photofest) )

Twitter: @BatchelorShow

Smart and reasonable detective work overturned. Part 2 of 2. @RichardAEpstein

The Supreme Court last week added another layer of confusion to the vexed law of unreasonable searches and seizures regarding law-enforcement use of cell phone data to ferret out criminal activity. In Carpenter v. United States, Chief Justice John Roberts, speaking for a five-member majority (including the four liberal justices—Ginsburg, Breyer, Kagan, and Sotomayor), ruled that information collected on Timothy Carpenter’s whereabouts, pursuant to the Stored Communications Act (SCA), was inadmissible. The SCA allows law enforcement to access certain telephone company records under a court order when it “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.” Notwithstanding the SCA, police can now access historical cell-site location information (CSLI) only if they first obtain a warrant by meeting the higher standard of probable cause under the Fourth Amendment...