Cite as: 585 U. S. ____ (2018)
11
Opinion of the Court
At the same time, the fact that the individual continuously reveals his location to his wireless carrier implicates
the third-party principle of Smith and Miller. But while
the third-party doctrine applies to telephone numbers and
bank records, it is not clear whether its logic extends to
the qualitatively different category of cell-site records.
After all, when Smith was decided in 1979, few could have
imagined a society in which a phone goes wherever its
owner goes, conveying to the wireless carrier not just
dialed digits, but a detailed and comprehensive record of
the person’s movements.
We decline to extend Smith and Miller to cover these
novel circumstances. Given the unique nature of cell
phone location records, the fact that the information is
held by a third party does not by itself overcome the user’s
claim to Fourth Amendment protection. Whether the
Government employs its own surveillance technology as in
Jones or leverages the technology of a wireless carrier, we
hold that an individual maintains a legitimate expectation
of privacy in the record of his physical movements as
captured through CSLI. The location information obtained from Carpenter’s wireless carriers was the product
of a search.3
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3 The parties suggest as an alternative to their primary submissions
that the acquisition of CSLI becomes a search only if it extends beyond
a limited period. See Reply Brief 12 (proposing a 24-hour cutoff); Brief
for United States 55–56 (suggesting a seven-day cutoff). As part of its
argument, the Government treats the seven days of CSLI requested
from Sprint as the pertinent period, even though Sprint produced only
two days of records. Brief for United States 56. Contrary to JUSTICE
KENNEDY’s assertion, post, at 19, we need not decide whether there is a
limited period for which the Government may obtain an individual’s
historical CSLI free from Fourth Amendment scrutiny, and if so, how
long that period might be. It is sufficient for our purposes today to hold
that accessing seven days of CSLI constitutes a Fourth Amendment
search.
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