Published originally at Cato.org. Published under Creative Commons License
The Supreme Court fought for privacy in Chatrie v. United States, putting another dent in unchecked surveillance that has become too common. Yet, in a concurring opinion, Justice Neil Gorsuch pointed out an important issue: the decision seems to be drawing lines in the sand when it comes to the Fourth Amendment. While I’m happy to see the Fourth Amendment affirmed, Gorsuch is right.
Chatrie v. United States
If you have not been following the case, the issue centers around how the police investigated a bank robbery. In short, the police used a geofence warrant to get Google to hand over the location history of anyone who had been in the area during the robbery. After sifting through the data, the police eventually landed on Okello Chatrie.
Building on a similar case (Carpenter v. United States), the Court reminded everyone that the Fourth Amendment serves as a check on the government’s power:
The Fourth Amendment protects individuals’ reasonable expectations of privacy, and governmental “intrusion into that private sphere generally qualifies as a search.” The Amendment’s “basic purpose” is “to safeguard the privacy and security of individuals against arbitrary invasions by governmental officials,” and it was designed “to place obstacles in the way of a too permeating police surveillance.”