In article for Law360, Bob Anderson discusses the Carpenter v. United States case
As the U.S. Supreme Court gets ready to weigh privacy against public safety, in an article for Law360, Bob Anderson, Navigant managing director and former FBI executive assistant director, discusses the Carpenter v. United States case and how it could dramatically affect the future of surveillance.
The Carpenter case revolves around the way law enforcement collects metadata and the Fourth Amendment, which requires authorities to show probable cause and obtain a warrant to seize property and effects. Courts have generally allowed warrantless searches, but Carpenter’s team has challenged the right of police to collect cell tower data without securing a warrant.
The court will decide how much latitude law enforcement has in conducting warrantless searches for cell tower data and similar types of metadata. The decision could dramatically affect the future of surveillance, potentially requiring law enforcement to secure a warrant each time it seeks metadata about cellphone calls, text messages, emails, credit card activity, and similar records.
In this article, Bob goes into detail about the case, the appeal, and most importantly, the impact this case might have on both law enforcement and the public’s personal privacy.