{"id":36178,"date":"2019-01-25T14:00:12","date_gmt":"2019-01-25T19:00:12","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36178"},"modified":"2019-01-25T14:00:12","modified_gmt":"2019-01-25T19:00:12","slug":"the-champion-building-on-carpenter-six-new-fourth-amendment-challenges-every-defense-lawyer-should-consider","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36178","title":{"rendered":"The Champion: Building on <em>Carpenter<\/em>: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider"},"content":{"rendered":"<p>The Champion: <a href=\"https:\/\/www.nacdl.org\/Champion.aspx?id=54282\">Building on <em>Carpenter<\/em>: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider<\/a> by Michael Price and Bill Wolf (NACDL, Dec. 2018) at 20-25:<\/p>\n<blockquote><p>The implications of the Supreme Court\u2019s decision in Carpenter v. United States are just now coming into view as lower courts begin to apply Carpenter\u2019s lessons to other forms of modern surveillance. In Carpenter, the Court held that a warrant is required to access more than six days of historical \u201ccell site location information\u201d \u2014 data obtained from the cellphone service provider indicating where a phone is connected to the cellular network. But the Court\u2019s reasoning was not so limited. Instead, Carpenter marked another milestone in the Court\u2019s process of rethinking Fourth Amendment doctrines in the digital age. This article offers a snapshot of some current investigative techniques that may be ripe for constitutional challenges in a post-Carpenter world.<\/p>\n<p><strong>Picturing the Post-Carpenter Landscape<\/strong><br \/>\n<!--more--><br \/>\nBroadly speaking, two kinds of cases will be most directly affected by the Carpenter ruling: \u201clocation tracking\u201d cases and \u201cthird-party records\u201d cases. As Carpenter was quick to acknowledge, \u201cpersonal location information maintained by a third party \u2026 does not fit neatly under existing precedents.\u201d Instead, it implicates two, previously distinct strands of Fourth Amendment law: (1) the \u201cpublic space\u201d doctrine, which concerns the privacy of one\u2019s physical location and movements; and (2) the \u201cthird-party\u201d doctrine, which governs the privacy of things people share with others. Accordingly, this article first examines three new location tracking technologies through a post-Carpenter lens, and then addresses government access to other kinds of data maintained by third parties.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The Champion: Building on Carpenter: Six New Fourth Amendment Challenges Every Defense Lawyer Should Consider by Michael Price and Bill Wolf (NACDL, Dec. 2018) at 20-25: The implications of the Supreme Court\u2019s decision in Carpenter v. United States are just &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36178\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[84,79,112],"tags":[],"class_list":["post-36178","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-third-party-doctrine","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36178","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36178"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36178\/revisions"}],"predecessor-version":[{"id":36179,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36178\/revisions\/36179"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36178"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36178"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36178"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}