{"id":52627,"date":"2022-06-19T02:30:00","date_gmt":"2022-06-19T07:30:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52627"},"modified":"2022-06-19T07:22:33","modified_gmt":"2022-06-19T12:22:33","slug":"ky-rep-in-csli","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=52627","title":{"rendered":"KY: REP in CSLI"},"content":{"rendered":"\n<p>There is a reasonable expectation of privacy in one\u2019s CSLI. One can have a reasonable expectation of privacy in his or her movements on public roads. <a href=\"http:\/\/opinions.kycourts.net\/sc\/2020-SC-0116-dg.pdf\">Commonwealth v. Reed<\/a>, 2022 Ky. LEXIS 132 (June 16, 2022):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Today we answer the question left open by this court in Hedgepath v. Commonwealth and by the United States Supreme Court in Carpenter\u2014individuals have a reasonable expectation of privacy in their cell phone&#8217;s cell-site location information and, thus, that information is entitled to constitutional protection under the Fourth Amendment. Absent an exception to the warrant requirement, as described below, law enforcement must obtain a warrant before acquiring a person&#8217;s cell-site location information.<\/p><p>To hold, in the alternative, that there is no reasonable expectation of privacy in CSLI, would empower government agents to invade individuals&#8217; most private and closely-held constitutionally protected activities. For instance, the government could surveil in real time when, and precisely where, individuals were in the confines of their private homes, at a place of worship, engaging in political activities, or exercising their right to free speech. Such an invasion is precisely the sort that we find the average citizen unwilling to accept.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>There is a reasonable expectation of privacy in one\u2019s CSLI. One can have a reasonable expectation of privacy in his or her movements on public roads. Commonwealth v. Reed, 2022 Ky. LEXIS 132 (June 16, 2022):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-52627","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52627","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52627"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52627\/revisions"}],"predecessor-version":[{"id":52632,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52627\/revisions\/52632"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52627"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}