NACDL - Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider

Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider

Carpenter v. United States requires law enforcement to obtain a warrant to access historical cell site location information from cellphone service providers. Lower courts have started to apply the lessons of Carpenter to other forms of modern surveillance. Michael Price and Bill Wolf offer a brief appraisal of some current investigative techniques — including Enhanced 911 tracking and the collection of data from “smart” devices — that may be ripe for constitutional challenges in a post-Carpenter world.