Can police collect location data from your cell phone?

Cell phones have become a necessity in everyday life. As such, most individuals always carry their phone. Wireless carriers and smartphone apps constantly collect and store location data about their users. Due to the increasing amount of time we spend on our phones, location information has become exceedingly precise. Wireless carriers and smartphone apps often use this data to improve performance. But can law enforcement access this data?  

The Supreme Court answered this question in the case of Carpenter v. United States (2018).

In 2011, police officers arrested four men suspected of robbing a series of stores in Detroit. The government suspected Timothy Carpenter was an accomplice in the robberies, and the FBI obtained his phone number. Using his cell phone number, the government obtained months’ worth of Carpenter’s detailed cell phone location data from his cellular service provider without a warrant. With this data, FBI investigators could see exactly where Mr. Carpenter had traveled with his phone and connected Mr. Carpenter to various crime scenes. As a result of this evidence, the government charged and convicted Mr. Carpenter with multiple counts of robbery and carrying a firearm during a federal crime of violence.

On appeal, Mr. Carpenter’s defense attorney argued that the seizure of cell phone location data violated Mr. Carpenter’s 4th Amendment rights because law enforcement obtained the information without a warrant.

During analysis of this constitutional question, the Supreme Court first needed to determine whether the acquisition of cell phone location data constituted a “search” under the 4th Amendment. Citing previous court cases, the Court explained that the 4th Amendment protects not only property interests but certain expectations of privacy as well. The Court determined that in the case of cell phone location data, an individual maintains a legitimate expectation of privacy. Therefore, the Supreme Court held that the government must obtain a warrant supported by probable cause before accessing an individual’s sensitive cell phone location data. With this decision, the Supreme Court demonstrated the essential role courts play in safeguarding our constitutional right to privacy in the digital age.

Despite the outcome of this landmark Supreme Court case, our rights are still being threatened.

Yesterday, July 18, 2022, the ACLU published thousands of pages of previously unreleased records detailing the Department of Homeland Security’s purchase and use of vast quantities of cell phone location data. NJC believes this to be a clear circumvention of 4th Amendment rights and the judicial precedent set in Carpenter v. United States. How or what will our court system or Congress do about this is still to be determined.

Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.

To protect your freedom, understand your rights.

Carpenter v. U.S., 138 S.Ct. 2206 (2018)

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.