United States v. Zodhiates

Michael Harless Constitutional Law, U. S. Court of Appeals, Second Circuit

Today we filed a brief in the Second Circuit challenging the Government’s use of cell phone location information obtained from a cell phone provider in response to a grand jury subpoena.  We explain that under the Jones and Jardines textual/historic analysis that the cell phone user has a protected privacy interest in these records.

Accordingly, under the Fourth Amendment, the Government must seek them by warrant issued from a judicial officer issued “upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Link to brief