Law Offices of Samuel Gregory
Español | русский
Schedule a Free Initial Consultation:
718-804-5208
Contact Menu

Court ruling an update to the Fourth Amendment

The Supreme Court ruled 5-4 in the case of Carpenter v United States, and the ruling has major implications for privacy rights in New York and elsewhere. The court determined that authorities needed a warrant to access the man's cell site location information (CSLI). Prior to the Carpenter decision, officers only needed to have a good reason to believe that accessing this information would legitimately help in a given matter.

The plaintiff in the Carpenter case was a man who was taken into custody for robbery based on CSLI. Based on this information, authorities were able to track his whereabouts for 127 days prior to apprehending him. Legal precedent said that there was no right to privacy when it came to information handed over to a third-party. However, most people have no choice as to the data transmitted from a phone to a cell tower or other collection point.

Justice Roberts chose to side with the four more liberal justices while all four conservatives wrote their own dissents. Roberts found that the amount of detailed data that could be collected was far greater than the basic data that could be gleaned from a landline telephone. By limiting the ability of authorities to access this information, the court's ruling is seen as a modernization of the Fourth Amendment.

Regardless of the type of charge a person may face, he or she could face significant penalties if convicted. These penalties may include a fine, suspension of professional or other licenses and jail or prison time. It may also lead to a loss of voting rights or the ability to own a gun for many years. A criminal defense attorney may take steps to protect a defendant's rights. This might include arguing that evidence was collected in an unconstitutional manner.

No Comments

Leave a comment
Comment Information

"Legendary Trial Lawyer Who Puts Passion For His Work In Every Case"

"Highest Possible Rating For A Lawyer From Martindale-Hubbell"

Contact for a FREE Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Locations

Brooklyn Office
16 Court St.
Suite 2008
Brooklyn, NY 11241

Phone: 718-804-5208
Fax: 718-222-2889
Brooklyn Law Office Map

New York Office
225 Broadway
Suite 1203
New York, NY 10007

Phone: 718-804-5208
Fax: 718-222-2889
Map & Directions

Connect :
  • Google
  • Facebook
  • Twitter
  • linkedin
Review Us