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ARTICLE · 03 JANUARY 2018

Privacy vs. Security: Will SCOTUS Leave The (Third) Party In 2018?

Proskauer Rose LLP
Proskauer Rose LLP
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If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant?

United StatesPrivacy

If the government obtains information about your past locations from your wireless provider, is that a search? If so, is it a search that requires the government to obtain a warrant? Courts have held that, because companies collect this kind of data in the ordinary course of business, consumers who voluntarily provide information to these third-parties have no reasonable expectation of privacy in it. A string of robberies may prompt the Supreme Court to reconsider this doctrine.

Background

Timothy Carpenter was accused of a series of armed robberies in Detroit, Michigan. In making their case against him, prosecutors used nearly 13,000 pieces of information revealing the location of his cell phone, all obtained from private companies.

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