The Supreme Court recently handed down a decision that has been considered a win for those accused of crimes. In Carpenter v. United States, the high court ruled that in order for a government entity such as the police to get cell phone location records a warrant is required in most cases.

Prior to this ruling, the government could review any citizen’s cell phone location records simply by stating to the cell phone carrier that the information was needed for an investigation.

The information at issue is data kept by cell phone companies that can prove where the cell phone was at any given time. Phone companies can tell where a cell phone is by using GPS data or cell site location information (CSLI). CSLI can only record the general area a cell phone is in based on which cell towers are being used by the phone.

One of the most important rights in the U.S. Constitution is the right to be free from unreasonable searches and seizures. Modern technology has challenged the courts to decide what kinds of searches are unreasonable and how much privacy normal citizens have with their electronic data.

Permission and Emergencies

The U.S. Supreme Court has held that under normal circumstances law enforcement needs a warrant before they can search the contents of a cell phone or a computer. The Court recognized that some of our most personal information is now kept in electronic format.