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Fourth Amendment; Cellphones; Location-based services; Cell Site Location Information; Smith v. Maryland; United States v. Miller; Third Party Doctrine; Reasonable Expectation of Privacy
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Full-Text Articles in Privacy Law
Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes
Cellphones And The Fourth Amendment: Why Cellphone Users Have A Reasonable Expectation Of Privacy In Their Location Information, Paul Cividanes
Journal of Law and Policy
The Fourth Amendment, which affords individuals protection from unreasonable searches and seizures, was ratified over two hundred years ago. As such, it was impossible for the Amendment’s framers to conceive the technologies that exist today. As technology progresses, courts are often faced with the task of deciding how the Fourth Amendment should apply in the modern world. As Fourth Amendment jurisprudence has developed, the Supreme Court has originated tests and doctrines for courts to use when hearing Fourth Amendment challenges to government action. One such test, the ‘reasonable expectation of privacy’ test, looks to see whether an individual has a …