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Media. In Carpenter v. United States, the Supreme Court considered whether the Fourth Amendment permits police to obtain cell phone location records that show an individual’s location and movements over the course of 127 days without first obtaining a warrant. Here's an ongoing Q&A, which I will add to through the day. The lesser issue at risk in this case is wether or not Mr. Carpenter will serve 116 years in prison. The U.S. Supreme Court cited U.S. v. Miller and the third party doctrine and said that the records are not protected by the Fourth Amendment. The court decided that cellphone location history provided from cell service provider to authorities counted as a third party providing information, and thus, was not protected under Mr. Carpenter’s Fourth Amendment rights. This will greatly impact the way individuals think about personal smart phones in their life and the way in which government agencies or otherwise may access our locations. After finding out that his cellphone’s location was used his representatives, the American Civil Liberties Union (ACLU), appealed the decision arguing that using the cellphone’s location history without a proper search warrant violated Carpenter’s Fourth Amendment right protecting him from unreasonable search and seizure. The Sixth Circuit Court relied on the third party doctrine regarding the use of phone service in Smith v. Maryland and decided that this instance fit under the ruling in that case.In United States v. Miller, a case from 1976, the court ruled that bank statements given to a government agency by a third party, e.g. . Carpenter v. United States. The Supreme Court held that the government’s acquisition of Carpenter’s cell phone location records constituted a search, and that the government should have first obtained a warrant. Carpenter appealed to the Sixth Circuit Court of Appeals, where he argued that the government violated his rights under the Fourth Amendment by obtaining and examining those records. No. In order to link the defendant to the crimes, the government obtained 127 days of his cell phone records from MetroPCS—without a warrant—to try to place him at the locations of the robberies. Oral Argument - November 29, 2017; Opinion Announcement - June 22, 2018; Opinions. Carpenter v. United States began in December of 2010, when a series of robberies hit Michigan and neighboring Ohio. However, if the court decides that the third party doctrine no longer applies to this case then Mr. Carpenter no longer face prison time. The case is now set to appear before the U.S. Supreme Court this December.Carpenter’s representatives, American Civil Liberties Union, aided in his case in the Sixth c|Circuit Court against the FBI agent that testified that Carpenter’s phone history placed him within a half-mile to 2 mile range of six of the robberies, and at the times they occurred. . The Supreme Court affirmed the Sixth Circuit Court’s holding.The Sixth Circuit Court analyzed the third party doctrine from Miller and found that this doctrine still applied to phone records as it had in Smith v. Maryland in 1979. . Carpenter v. United States. Orin S. Kerr | The Volokh Conspiracy | 6.22.2018 12:20 PM against unreasonable searches.”  Indeed, although the Framers of the Fourth Amendment could not have anticipated cell-phone technology, they deliberately chose language that demonstrated their recognition of the dangers inherent in any state claim of unlimited authority to conduct searches for evidence of criminal activity.