Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine; JD Supra, July 5, 2018

JD Supra; Judge Facciola Says Carpenter Decision May Signal the End of the Third Party Doctrine

"The old view of the third-party doctrine must yield to new concerns about recent technology or what CJ Roberts called “the critical issue” of “basic Fourth Amendment concerns about arbitrary government power” that are “wrought by digital technology.”

Overall, the Roberts Court seems to understand electronic privacy’s importance, especially when Carpenter is coupled with the previous decisions in US v Jones (2011), which required a warrant before police placed a GPS tracker on a vehicle and Riley v California (2014) which forbade warrantless searches of a cell phone during an arrest."