newest 4th amendment issue (CSLI) Flashcards
1
Q
legal history
US v. Carpenter
A
Katz reasonable expectation of privacy: was there a subjective effor tto keep things private
(2703 D) the stored communications act: reasonable grounds to believe…
2
Q
facts of the case
US v. Carpenter
A
Timothy Carpenter was involved in a series of robberies
- Radio Shack & T-Mobile
- his cooperator gave up information
3
Q
motion to suppress on basis of probable cause
US v. Carpenter
A
- defendant lost, court said there was no reasonable expectation to privacy (REP) under the third party doctrine (“nature of documents sought”)
- CSLI was used to show Carpenter in the area of 4 robberies & CSLI is inherently third party because the information is on a service provider
4
Q
third party doctrine
US v. Carpenter
A
under the theory of reasonable expecation to privacy, you lose that REP if it’s shared with a third person
5
Q
the majority opinion
Justice Roberts
US v. Carpenter
A
- “detailed, encyclopedic and effortlessly compiled”
- “tireless and absolute surveillance as if ankle monitor attached to phone’s user”
- unique nature of documents sought
- no third party doctrine
6
Q
the dissent
US v. Carpenter
A
- the third party doctrine still applies
- imprecise data (not like Kyllo)
7
Q
A Beautiful Struggle v. Baltimore
A
- a challenge to the Baltimore Police AIR pilot drone program on 4th amendment grounds
- camera flew 40+ hours a week and got 12+ hours of footage around 90% of city
- the original 3-judge panel said there was no REP
- SCOTUS copied Carpenter’s wording, said it operated like a GPS/ankle monitor and needed PC
- the case exeplefied the disparate burden of govt. surveillance borne by communities of color
