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Supreme Court rules law enforcement needs warrant to search cellphone data
Posted on 6/22/18 at 9:37 am
Posted on 6/22/18 at 9:37 am
LINK
he Supreme Court ruled Friday that law enforcement must obtain a warrant to search and seize long-term cellphone records showing where a person has been.
In a 5-4 ruling, the court held that the government’s acquisition of cell-site records is a Fourth Amendment search.
Chief Justice John Roberts sided with Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan of the court’s liberal wing. Justice Anthony Kennedy dissented with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.
he Supreme Court ruled Friday that law enforcement must obtain a warrant to search and seize long-term cellphone records showing where a person has been.
In a 5-4 ruling, the court held that the government’s acquisition of cell-site records is a Fourth Amendment search.
Chief Justice John Roberts sided with Justice Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan of the court’s liberal wing. Justice Anthony Kennedy dissented with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.
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Posted on 6/22/18 at 9:39 am to Jjdoc
A rare case where I side with the liberal wing of the court.
Posted on 6/22/18 at 9:41 am to Jjdoc
Good. Might be the first time RBG’s crew and I see eye to eye.
This post was edited on 6/22/18 at 9:42 am
Posted on 6/22/18 at 9:42 am to Jjdoc
I may not understand the issue, and I am pretty conservative on most issues, but I would think a warrant should be required to obtain my personal phone records.
Posted on 6/22/18 at 9:42 am to Jjdoc
The political world has truly turned upside down when limiting government overreach is considered a liberal thing now.
Posted on 6/22/18 at 9:43 am to WildTchoupitoulas
Classic liberalism is all about limiting government’s power.
Posted on 6/22/18 at 9:44 am to Jjdoc
There is nothing conservative about expanding the state's search and surveillance powers.
Posted on 6/22/18 at 9:44 am to Jjdoc
In before weagle tells us that SCOTUS is authoritarian and should have 8 justices.
Posted on 6/22/18 at 9:45 am to Jjdoc
quote:
Justice Anthony Kennedy dissented with Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.
Shame on them.
Law enforcement should be curtailed as much as possible.
Posted on 6/22/18 at 9:45 am to Jjdoc
Good. Fully support this.
Posted on 6/22/18 at 9:49 am to Jjdoc
I know it says "cellphones" but what about landlines? Can the police go research your call history of landline calls you made without a warrant? If so, I don't see consistency in this ruling.
Posted on 6/22/18 at 9:51 am to Homesick Tiger
It’s not about the call logs, it is about the GPS tracking of the phone’s physical location.
They can send a request to AT&T for call logs and get a warrant if they don’t comply.
They can’t get the metadata showing where the phone has been without data from the SIM card on the phone.
They can send a request to AT&T for call logs and get a warrant if they don’t comply.
They can’t get the metadata showing where the phone has been without data from the SIM card on the phone.
Posted on 6/22/18 at 9:52 am to Jjdoc
First time in my life to agree with SCOTUS libtards!
OMG!
Making a doctor appointment today. I might have a McCain tumor!
OMG!
Making a doctor appointment today. I might have a McCain tumor!
Posted on 6/22/18 at 9:52 am to weagle99
quote:
Classic liberalism is all about limiting government’s power.
So-called 'conservative' justices voting against limiting government overreach? There's nothing conservative about holding that position.
And you want to label Bader-Ginsberg as a 'classic liberal'?
Posted on 6/22/18 at 9:53 am to Jjdoc
Posted on 6/22/18 at 9:53 am to Homesick Tiger
quote:
I know it says "cellphones" but what about landlines? Can the police go research your call history of landline calls you made without a warrant? If so, I don't see consistency in this ruling.
It's not an inconsistency; it's a different issue. What you're discussing is called a "pin register" and can be gathered without a warrant for both cell phones and land lines.
The instant case pertained to CSLI data, which is location based data concerning which tower your call utilized, enabling law enforcement to track your movements. Think slightly less accurate GPS data.
The historical issue has been the "third party disclosure" exception. The government argued that, since you "gave" this data to your cell phone carrier, it wasn't private. This decision refuted that position.
This post was edited on 6/22/18 at 9:56 am
Posted on 6/22/18 at 9:54 am to Jjdoc
Good.
Unfortunately, the court will still go through other third parties that have no expectation of privacy- e.g. facebook, google, etc that track your every move- without a warrant.
Unfortunately, the court will still go through other third parties that have no expectation of privacy- e.g. facebook, google, etc that track your every move- without a warrant.
Posted on 6/22/18 at 9:58 am to teke184
quote:
It’s not about the call logs, it is about the GPS tracking of the phone’s physical location.
So this is about seeing here you were when you make a call and not about the content of the call? Seeing as to how a cellphone is not a like lethal weapon that can be demanded to be handed over by request of the police, a warrant should be necessary for the cellphone if necessary imo.
Posted on 6/22/18 at 9:59 am to teke184
quote:
A rare case where I side with the liberal wing of the court
#metoo
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