The Federalist Society: Justice Gorsuch, Carpenter, & the Fourth Amendment

The Federalist Society: Justice Gorsuch, Carpenter, & the Fourth Amendment [POLICYbrief] by Ashley Baker:

Though Justice Neil Gorsuch filed one of the four dissenting opinions in Carpenter v. United States, his opinion reads more like a concurrence than a dissent. In it, he sets forth a property rights-based argument for the protection of cell phone data under the Fourth Amendment and clearly rejects the “Third-Party Doctrine”—the long-standing Supreme Court doctrine that if someone voluntarily turns over information to a third party they have no reasonable expectation of privacy in that information.