Why SCOTUS Should Tell the Government 'Get a Warrant' in Cellphone Location Data Case

August 16, 2017

"How should the Court approach this case? In an amicus brief filed last week, the Cato Institute, the Competitive Enterprise Institute, the Committee for Justice, and the Reason Foundation (the nonprofit that publishes this website) offer a piece of eminently sound constitutional advice: "This Court should apply the terms of the Fourth Amendment in all Fourth Amendment cases."


What that means in practice, the brief explains, is that "the government's compulsory acquisition of data in this case was a seizure. Processing the data to make it human-readable was a search....Thus, it was unreasonable to seize and search the data without a warrant. Lacking exigency or other excuse, the government should have got one."


"Get a warrant" is the perfect message for the Supreme Court to tell the government in this case..."


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