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Supreme Court: Warrant Required to Access Phone Location Data

Do police need a warrant based on probable cause before accessing cell phone location records from carriers? The Supreme Court said yes, but stressed that its decision is narrow.

 & Angela Moscaritolo Managing Editor, Consumer Electronics

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In a 5-to-4 decision, the Supreme Court on Friday ruled that the government generally does need to obtain a warrant before collecting location data from cell phones.

The case, Carpenter v. United States, posed a question that has come up time and again – do police need a warrant based on probable cause before accessing cell phone location records from wireless carriers? The Supreme Court said yes, but stressed that its decision is narrow.

"We hold only that a warrant is required in the rare case where the suspect has a legitimate privacy interest in records held by a third party," Chief Justice John Roberts wrote, according to The New York Times.

Privacy advocates are now celebrating what they're calling a landmark victory.

The American Civil Liberties Union (ACLU) represented Timothy Carpenter, who was convicted of robbery in Detroit, based in part on months' worth of phone location records the government obtained in 2011 without a probable cause warrant. The records covered 127 days, revealing 12,898 separate points of location data.

The ACLU argued that because cell phone location records offer a wealth of private details about people's lives — such as their personal relationships, visits to the doctor, or religious practices — they should be covered by the Fourth Amendment, which protects against "unreasonable" searches and seizures by law enforcement.

Tech giants including Apple, Facebook, Google, Twitter and Verizon in August filed a brief with the Supreme Court arguing that the Fourth Amendment "must adapt to the changing realities of the digital era."

The decision comes after the 4th US Circuit Court of Appeals in Richmond, Virginia, ruled in 2016 that law-enforcement officials do not need to obtain a warrant before tracking a person's location via wireless carriers. The court found that location data is already delivered to a third party—in this case, the carriers—and therefore doesn't require a warrant if data is readily accessible.

About Our Expert

Angela Moscaritolo

Angela Moscaritolo

Managing Editor, Consumer Electronics

My Experience

I'm PCMag's managing editor for consumer electronics, overseeing an experienced team of analysts covering smart home, home entertainment, wearables, fitness and health tech, and various other product categories. I have been with PCMag for more than 10 years, and in that time have written more than 6,000 articles and reviews for the site. I previously served as an analyst focused on smart home and wearable devices, and before that I was a reporter covering consumer tech news. I'm also a yoga instructor, and have been actively teaching group and private classes for nearly a decade. 

Prior to joining PCMag, I was a reporter for SC Magazine, focusing on hackers and computer security. I earned a BS in journalism from West Virginia University, and started my career writing for newspapers in New Jersey, Pennsylvania, and West Virginia.

The Technology I Use

My little Florida beach bungalow is brimming with smart home tech. I have a smart speaker or display in every room, allowing me to control other connected devices by voice. The Nest Hub on my bedside table lets me set wake-up alarms, control my smart light bulbs, and set the temperature on my smart thermostat. I use the Amazon Echo Show 8 on my kitchen counter to browse recipes, reorder protein powder, check the weather, and watch the news while I do dishes. 

Because I suffer from allergies, air purifiers are essential. My favorite model is the Dyson Purifier Cool TP07, which doubles as a fan and continuously sends indoor pollution data to its companion mobile app. 

My pitbull Bradley sheds, so a good robot vacuum is a must. I currently use a premium Ecovacs Deebot that can both vacuum and mop, empty its own dustbin, and wash its own mop cloth. 

For fitness, I like to mix up my routine with cycling, indoor rowing, running, and strength training in addition to yoga. I take classes on the Tonal 2 smart strength training machine, I row indoors on an Aviron machine, and track my beach runs with an Apple Watch while listening to music on my Apple AirPods Pro. On the weekends, I love riding e-bikes like the rugged, beach-friendly Aventon Aventure for fun and fitness.

My job involves a lot of virtual meetings, so a quality webcam, microphone, and ring light are important. I use the Jabra PanaCast 20 webcam, the Elgato Wave: 3 microphone, and a Yesker tripod ring light. 

As for my preferred phone platform, I'm an iPhone person, but I've also extensively used Android for product testing.

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