1. Summarize five key aspects of Carpenter v. United States.2. Posit whether or not you believe law enforcement violated Carpenter’s and the other men’s right to privacy, which the Fourth Amendment guarantees. Justify the position.3.Examine the dissenting opinion of Justice Gorsuch, Alito, Thomas, or Kennedy, as discussed in the case. Discuss the origins and importance of probable cause as it relates to law enforcement’s discretion to use Carpenter’s cell phone transactional records, including the date and time of calls and the approximate location where the calls began and ended based on their connections to cell towers—”cell site” location information (CSLI).4. Examine the court’s reluctance to extend the “Third-Party Doctrine”—a doctrine where information disclosed to a third party carries no reasonable expectation of privacy. Discuss whether or not you believe that a user who is generally aware that a cell phone provider keeps logs of their location and cell phone use have a reasonable expectation of privacy. Provide a rationale for the response.5. Examine the court’s holding in Carpenter that provides that the acquisition of CSLI information is a search, thereby, requiring the government to obtain a warrant supported by probable cause before acquiring such records. Analyze the court’s conclusion and the facts of the case that helped the court come to their conclusion and state your opinion on whether these facts were enough to establish probable cause. Provide a rationale for the response.6. Debate the validity of the court’s holding that the warrantless search and seizure of cell phone records, which include the location and movements of cell phone users, violates the Fourth Amendment. Justify the response.
