The U.S. Supreme Court rules that people have a reasonable expectation of privacy in cellphone location data, treating law enforcement use of a “geofence warrant” to identify a suspect’s location as a Fourth Amendment search. In a 6–3 decision on Monday, the Court sends a Virginia bank robbery case back to lower courts for reconsideration in light of the ruling. The case involves Okello Chatrie, who was convicted after authorities allegedly used phone location information tied to bank security footage. Police used a geofence warrant—a warrant that orders technology companies to produce location data from devices present at a specific place and time—to identify Chatrie.
Government attorneys argued the Fourth Amendment did not apply because Chatrie had shared location data with Google, contending there was no reasonable expectation of privacy. The Court rejects that view, holding that ordinary cellphone use does not eliminate privacy protections through “third-party” sharing. Justice Elena Kagan writes for the majority, joined by Chief Justice John Roberts and Justice Brett Kavanaugh. Justice Sonia Sotomayor concurs, emphasizing that even short-term monitoring of physical movements can reveal detailed information about a person. The decision is expected to affect how authorities seek location data held by companies.
