Jim Baker and Orin Kerr on the Carpenter Ruling
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 30 June 2018
⏱️ 48 minutes
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Summary
On June 22, the Supreme Court released its long-awaited ruling in Carpenter v. United States, a case challenging whether law enforcement agencies need a search warrant to acquire the history of a cell phone's location from a wireless provider. Chief Justice John Roberts wrote for the five-justice majority that doing so amounts to a 4th Amendment search, a decision that will have far-reaching implications for law enforcement activities moving forward. On Thursday, Benjamin Wittes spoke on the phone with Jim Baker, the former general counsel of the FBI, and Orin Kerr, the 4th Amendment expert whose writing was cited in every dissent, to understand the decision. They talked about what the decision said, what a warrant for cell site data might look like, and the ruling's implications for other areas of 4th Amendment law.
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Transcript
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| 0:00.0 | The following podcast contains advertising to access an ad-free version of the LawFair |
| 0:07.2 | podcast become a material supporter of LawFair at patreon.com slash LawFair. |
| 0:14.7 | That's patreon.com slash LawFair. |
| 0:18.2 | Also check out LawFair's other podcast offerings, rational security, chatter, LawFair |
| 0:25.6 | no bull and the aftermath. |
| 0:34.0 | What I think folks should be worried about today, if I could just like pull out a couple |
| 0:37.5 | of words here from one part of the decision, just one sentence. |
| 0:40.9 | Port says, in light of the deeply revealing nature of self-scipleification information, |
| 0:46.8 | its depth, breadth, and comprehensive reach, and the inescapable and automatic nature of |
| 0:53.3 | self-scipleification. |
| 0:54.3 | That is what the court is concerned about. |
| 0:56.3 | That means that you have a fourth amendment interest, fourth amendment right, with respect |
| 1:01.1 | to having your, requiring the government to get a warrant to collect information with respect |
| 1:05.5 | to you when it falls into this category. |
| 1:08.4 | So the depth, the breadth, comprehensive reach, and escapeable and automatic nature, and |
| 1:12.9 | also they were quite concerned about, seemed to me, the fact that this type of collection |
| 1:19.6 | goes on continually with respect to the entire population of the United States. |
| 1:24.4 | I'm Matthew Khan, and you're listening to the LawFair podcast June 29, 2018. |
| 1:31.4 | On June 22, the Supreme Court released its long awaited ruling in Carpenters' V United |
| 1:36.9 | States, a case challenging whether law enforcement agencies need a search warrant to acquire the |
| 1:43.0 | history of a cell phone's location from a wireless provider. |
| 1:46.9 | Chief Justice John Roberts wrote for the five justice majority that doing so amounts |
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