The Supreme Court Phone Location Case Will Decide the Future of Privacy - Later this year, the Supreme Court will decide if police can track a person’s cell phone location without a warrant. It's the most important privacy case in a generation.

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For all of the attention paid to former FBI Director Jim Comey's highly anticipated testimony before the Senate intelligence committee last Thursday, the most important constitutional law development from last week took place across the street, when the Supreme Court agreed to hear argument in Carpenter v. United States later this year-though exactly when, we're not sure.

Carpenter raises a specific question about whether Americans have an expectation of privacy in historical "Cell-site location information".

Whether the Supreme Court endorses or rejects this logic, the answer has enormous implications for privacy rights-and the Fourth Amendment-more generally.

It's no exaggeration to suggest that Carpenter will be the most important Fourth Amendment case that the Supreme Court has heard in a generation.

As the Supreme Court has interpreted it, the Fourth Amendment applies to a government search-and the warrant requirement is usually triggered-whenever the search intrudes upon a "Reasonable expectation of privacy." Thus, whether we have such an expectation of privacy in particular types of property or information is typically the key to whether the Fourth Amendment applies to government actions against the same.

At the heart of the dispute in Carpenter is the "Third-party doctrine," the idea that we surrender our constitutional expectation of privacy whenever we voluntarily share non-content information with third-parties, such as our phone companies, internet service providers, financial institutions, and so on.

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