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The Fourth Amendment and Data: Put Privacy Policies in the Trial Record

One of the Supreme Court’s most important recent Fourth Amendment cases, Carpenter v. United States, dealt with government agents’ access to suspects’ cellular telecommunications data.The Court ruled 5-4 for the defendants, finding that access to the data in this particular case required a warrant. That is well and good for the criminal defense bar, but not good enough. In other recent cases dealing with data and technology, the Court has been unanimous in finding that a search invaded the right protected by the Fourth Amendment.

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