The topic SCOTUS says detailed cellphone location data is protected by the Fourth Amendment is currently the subject of lively discussion — readers and analysts are keeping a close eye on developments.
This is taking place in a dynamic environment: companies’ decisions and competitors’ reactions can quickly change the picture.
In a 6-3 decision, the Supreme Court ruled that police conduct a Fourth Amendment search when they obtain a person’s detailed cellphone location history from a tech company, even when the data covers only a short period. Here’s what that means.
In 2019, Virginia police used a geofence warrant to obtain Google location data from Android phones near the scene of a robbery, ultimately leading investigators to a suspect.
Initially, Google provided anonymized location data for 19 devices, which investigators narrowed to 9 and ultimately to 3 identified users.
That, in turn, led investigators to Okello Chatrie, who was later indicted by a federal grand jury on robbery and firearms charges. Chatrie moved to suppress the Google location data, arguing that police had obtained it through an unconstitutional search.
The district court agreed that the warrant violated the Fourth Amendment but declined to suppress the evidence under the good-faith exception. Chatrie’s legal challenge then made its way to the Supreme Court.
Today, the Supreme Court issued its ruling (via AppleInsider), deciding that police conduct a Fourth Amendment search when they obtain a person’s detailed cellphone location history from a tech company.
As a result, even when the data covers only a brief period or is held by a third-party company, it remains protected by the Fourth Amendment. Under today’s ruling, because obtaining the data counts as a search, police generally must secure a warrant supported by probable cause and describing the scope of the search with sufficient particularity before accessing it.
The Court did not, however, decide whether the geofence warrant used in Chatrie’s case was valid. Instead, it sent the case back to the appeals court to determine whether each stage of the warrant was supported by probable cause and sufficiently particularized.
It is worth noting that today’s ruling does not ban geofence warrants. Still, it makes clear that this kind of location data is constitutionally protected and cannot be treated as freely available to law enforcement as it may have been in the past.
And while this case involved Google and Android phones, the ruling’s protection of detailed cellphone location histories is not company-specific and could extend to comparable records held by Apple and other technologies companies in future.
To read the Supreme Court’s full decision, follow this link.