The Soapbox

Beerman

Joined: 08/14/1998 Posts: 9560
Likes: 13100


That's not at all what he wrote


Well it is a piece of it, granted, but you're taking it woefully out of context. He went on at some length (linked) but the just of it is..

1) The bit you mentioned, but it was posited as a question not a declarative judgement. Specifically whether there is any reasonable expectation of privacy with regards to information shared with a 3rd party (The defendant's location as sent to the cell tower). He found the whole thing to be unsatisfying.

2) Wondering what, exactly, defines a 'reasonable expectation of privacy' in the first place, and mooning on about how nice it would be if a legislature were to define such a thing in more concrete terms.

3) The crux of his objection seems to be (and I ain't no lawyer) that he's not entirely sure that cell tower location data is actually personal property at all, and complaining that since this is not well established by the defendant's case the 4th amendment protections afforded to one's personal papers or effects do not apply.

(In response to this post by NJHoo)

Link: Full Decision. Gorsuch starts on p99


Posted: 06/22/2018 at 12:23PM



+1

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Current Thread:
 
  
A win for the 4th Amendment ** -- TpkeHoo 06/22/2018 11:24AM
  That's not at all what he wrote -- Beerman 06/22/2018 12:23PM
  The Russian Justice ** -- WarmHoo 06/22/2018 12:11PM
  Damn. They hate us for our freedoms! ** -- Shenhoo 06/22/2018 12:02PM
  Yep ** -- Beerman 06/22/2018 11:32AM

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