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Carpenter v. United States | 138 S. Ct. 2206 (2018)

In Carpenter versus United States, the Supreme Court grappled with whether the Fourth Amendment protects cell-site location information.

Timothy Carpenter robbed several cell-phone stores. To tie Carpenter to the crime scenes, F B I agents used cell-site location information.

This time-stamped information is generated when a user’s cell phone connects to a cell site, usually several times per minute. How precisely the information pinpoints a user’s location depends on the size of the area covered by a cell site.

To obtain Carpenter’s information, the F B I applied under the Stored Communications Act. The act allows the government to compel wireless carriers to disclose certain records. The application must present specific and articulable facts showing reasonable grounds to believe the records are relevant and material to an ongoing criminal investigation. The F B I’s application was granted. Wireless carriers produced nearly thirteen thousand location points, or roughly one hundred data points about Carpenter’s location per day.

Carpenter moved to suppress the information under the Fourth Amendment. The district court denied the motion. At trial, the information showed that Carpenter’s phone was near the robberies when they occurred. Carpenter was convicted.

The Sixth Circuit affirmed, concluding that Carpenter lacked a reasonable expectation of privacy in the information because he shared it voluntarily with wireless carriers. The United States Supreme Court granted cert.

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