The Lawfare Podcast

Lawfare Archive: Orin Kerr on Carpenter

Apr 20, 2024

Fourth Amendment expert Orin Kerr discusses the Carpenter v. United States case, exploring warrant requirements for obtaining cell site data. Topics include Supreme Court arguments, Justice Gorsuch's ideas on property rights, online privacy risks, and potential theories' implications on data privacy and the Fourth Amendment.

38:23

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Episode guests

Orin Kerr

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Episode notes

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Quick takeaways

Debate on geofence warrants raised concerns about voluntary data disclosure impacting Fourth Amendment protection.

Carpenter v. United States case highlighted the ongoing debate over the need for a warrant to obtain cell site data.

Deep dives

Matthew Toxin's Argument on Fourth Amendment Protections for Location Data

Matthew Toxin recently argued in a Lawfare piece that a case before the US Court of Appeals for the Fourth Circuit may impact Fourth Amendment protections for location data. The case involved a geofence warrant served to Google and the debate centered on whether users voluntarily disclosing their data invalidated Fourth Amendment protection.

Introduction

2min

Examining Carpenter v. United States

9min

Supreme Court Argument in the Carpenter Case

6min

Exploring Property Rights and the Fourth Amendment

4min

Online Privacy, Identity Theft Prevention, and Legal Debates on Property Rights of Information

5min

Analyzing Potential Theories in Carpenter Case

16min

Implications of a Carpenter Win on Fourth Amendment and Stored Communications Act

2min

From November 29, 2017: The Supreme Court heard oral arguments Wednesday in Carpenter v. United States, a major Fourth Amendment case asking whether a warrant is necessary before law enforcement can obtain cell site data identifying a suspect phone's location from a service provider. Lawfare contributor and Fourth Amendment expert Orin Kerr discussed the case with Benjamin Wittes at Brookings shortly after the argument.

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