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Appeals Court Upholds Fourth Amendment Protection of Location Data

The U.S. Court of Appeals for the Fourth Circuit ruled that the Fourth Amendment protects a cell phone user's location records and that officers must get a warrant to inspect them. The Fourth Circuit is the first federal appeals court to hold that the Fourth Amendment warrant requirement applies to location data following the decision by the Eleventh Circuit earlier this year permitting warrantless searches. The Supreme Court will likely review one of these two cases to resolve the split between federal appeals courts. EPIC has filed amicus curiae briefs in the New Jersey Supreme Court and the Fifth Circuit arguing that the Fourth Amendment protects an individual's location privacy.

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