The U.S. Supreme Court will be hearing arguments this week in Carpenter v. United States, which is one of the most important Fourth Amendment cases before the Court. The case involves whether the Third Party Doctrine will remain viable. If so, the Fourth Amendment will fade into obsolescence in today’s digital age.
In this post, I provide 10 reasons why the Third Party Doctrine should be overruled. Before doing so, here’s some background.
Carpenter [6th Circuit case on cert to the Supreme Court] involved the investigation of a string of robberies of Radio Shack. The FBI obtained cell phone records of the defendants pursuant to the Stored Communications Act (SCA), which requires “specific and articulable facts” to demonstrate that there are “reasonable grounds to believe” that the records are “relevant and material to an ongoing criminal investigation.” 18 U.S.C. § 2703(d). This standard is far short of what the Fourth Amendment would require, which is a search warrant based upon probable cause.