Can police use cellphone location data without a warrant? Supreme Court ruling could have wide impac

Marcia Coyle:

There were a lot of questions, good hypotheticals. The justices were very engaged and even gave the lawyers an extra total of 20 minutes for the hour — usually hour-long argument.

First of all, there's a question of this information. How sensitive is it really? Justice Kennedy, for example, said it doesn't seem as though it's as sensitive as bank records, and the court, 40 years ago, said the government could get bank records without a search warrant, because — and this is the government's whole argument here — when you give information to a third party, you lose your expectation of privacy.

And the government's arguing, that's what happens here. You use your cell phone, it pings the cell tower, the cell company makes a record, that's the third party. You have no expectation of privacy.

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