Page 36 - North Carolina 2020 Legal Guide
P. 36

Task: Seizing Cell-Phone Location Records from Providers






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

          • Obtaining Cell phone location records of an individual’s cell phone is

               a 4 Amendment Search.
                     th

          • A person has a 4 Amendment right to privacy in such records.
                                             th
          • The fact that the records are held by a 3 party (cell service
                                                                                      rd
               provider) does not overcome suspect’s right to privacy.


          • A court order is insufficient to overcome the right to privacy.


          • A search warrant must be obtained for an individual’s cell phone

               location records.















                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    35
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