Petitioner acknowledges that the Government may obtain a wide variety of business records using compulsory process, and he does not ask the Court to revisit its precedents.
The suspect forfeited his cell phone to FBI authorities, who examined the phone's call records for additional information. Cell sites typically have several directional antennas that divide the covered area into sectors.Before evaluating the question presented it is helpful to understand the nature of cell-site records, how they are commonly used by cell phone service providers, and their proper use by law enforcement.SUPREME COURT OF THE UNITED STATESThese records confirmed that Carpenter’s cell phone was in the general vicinity of four of the nine robberies, including the one in Ohio, at the times those robberies occurred.This case should be resolved by interpreting accepted property principles as the baseline for reasonable expectations of privacy.
He acknowledged that law-enforcement officials might sometimes still be able to obtain cell-site location records without a warrant – for example, to deal with emergencies such as “bomb threats, active shootings, and child abductions.” And in a footnote, he also left open the possibility that law-enforcement officials might not need a warrant to obtain cell-site location records for a shorter period of time than the seven days at issue in Carpenter’s case – which might allow them to get information about where someone was on the day of a crime, for example. The precision of this information depends on the size of the geographic area covered by the cell site.
The suspect identified 15 accomplices who had participated in the heists and gave the FBI some of their cell phone numbers; the FBI then reviewed his call records to identify additional numbers that he had called around the time of the robberies.(Donahue). The cell-site and antenna data points, together with the date and time of connection, are known as cell-site location information, or cell-site records.
So in every legal and practical sense the “network information” regulated by §222 is, under that statute, “proprietary” to the service providers, not Carpenter. 104–204, pt.
The Supreme Court’s decision in Carpenter v. United States is not quite a full manifesto for digital privacy, but it insists that there is a new discussion to be had, and it tries to set the terms. Carpenter was convicted of robbery after prosecutors presented data from cell phone towers tracking his movements and putting him in the vicinity of several robberies when they occurred.
By contrast, a Global Positioning System (GPS) can reveal an individ- ual’s location within around 15 feet.Carpenter’s argument is unpersuasive, however, for §222 does not grant cell phone customers any meaningful interest in cell-site records. Supreme Court Decision. Hess explained that each time a cell phone taps into the wireless network, the carrier logs a time-stamped record of the cell site and particular sector that were used.
16–402.
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