Cell Phone Privacy: An Analysis of Carpenter v. United States

Session Type

Traditional Paper Presentation

Research Project Abstract

Question: Does §2703(d) of the Stored Communications Act, which allows for law enforcement to acquire cell phone location data without a warrant, violate the Fourth Amendment’s search and seizure clause, or is it Constitutional because CSLI acquisition does not constitute a search? The Supreme Court will consider Carpenter v. United States and announce its ruling in June.

Our original research summarizes the legal theories by which this case is understood. It analyzes the arguments made by the each side and attempts to draw conclusions about how each Justice will rule based on research of precedent.

Session Number

RS4

Location

Weyerhaeuser 303

Abstract Number

RS4-a

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Apr 28th, 9:15 AM Apr 28th, 10:45 AM

Cell Phone Privacy: An Analysis of Carpenter v. United States

Weyerhaeuser 303

Question: Does §2703(d) of the Stored Communications Act, which allows for law enforcement to acquire cell phone location data without a warrant, violate the Fourth Amendment’s search and seizure clause, or is it Constitutional because CSLI acquisition does not constitute a search? The Supreme Court will consider Carpenter v. United States and announce its ruling in June.

Our original research summarizes the legal theories by which this case is understood. It analyzes the arguments made by the each side and attempts to draw conclusions about how each Justice will rule based on research of precedent.