Huge Win for Everyone With a Cellphone (and for the Fourth Amendment) at the Supreme Court

In a blockbuster 5-4 decision issued today, the U.S. Supreme Court ruled that warrantless government tracking of cellphone users via their cellphone location records violates the Fourth Amendment. "A person does not surrender all Fourth Amendment protection by venturing into the public sphere," declared the majority opinion of Chief Justice John Roberts. "We decline to grant the state unrestricted access to a wireless carrier's database of physical location information." The case is Carpenter v. United States. It arose after the after FBI obtained, without a search warrant, the cellphone...

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Supreme Court Rules 8-1 Against Warrantless Police Search in Important Fourth Amendment Case

Fourth Amendment advocates scored a victory today when the U.S. Supreme Court ruled 8-1 against a warrantless police search that involved an officer entering private property for the purpose of examining a motorcycle stored under a tarp in the driveway near a home. "In physically intruding on the curtilage of [Ryan Austin] Collins' home to search the motorcycle," Justice Sonia Sotomayor wrote for the majority in Collins v. Virginia, the officer "not only invaded Collins' Fourth Amendment interest in the item searched, i.e., the motorcycle, but also invaded Collins' Fourth Amendment interest...

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Trump Nominates Neil Gorsuch to the Supreme Court

Here’s what you need to know about SCOTUS nominee Neil Gorsuch. President Donald Trump has nominated Neil Gorsuch to replace the late Justice Antonin Scalia on the U.S. Supreme Court. Gorsuch is 49 years old and currently serves as a judge on the U.S. Court of Appeals for the 10th Circuit. He is a highly respected legal conservative whose credentials include a law degree from Harvard and a Supreme Court clerkship under Justices Byron White and Anthony Kennedy. Gorsuch is perhaps best known for his sharp critique of the legal doctrine known as Chevron deference. Named after the Supreme...

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