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Privacy protections apply to cellphone users location history

WASHINGTON (AP) — The Supreme Court held Monday that constitutional privacy protections extend to cellphone location information, ruling in the case of a bank robber whose identity was discovered through a geofence warrant.

Justice Elena Kagan wrote for the 6-3 court that people don’t forfeit expectations of privacy even when they opt into Google’s location history.

“A cellphone user is not to be viewed as sharing private information with third parties — which then can be freely passed on to the government–just by doing the ordinary things cellphone users do,” Kagan wrote.

Justice Samuel Alito wrote in dissent that Okello Chatrie had no expectation of privacy in information he voluntarily turned over to Google.

The decision is the court’s latest effort to apply a constitutional provision ratified in 1791 to technology the nation’s founders could not have envisioned.

Police obtained a geofence warrant after a bank robbery in a suburb of Richmond, Virginia, and used it to locate cellphones that were near the bank around the time it was robbed in May 2019.

One of those phones belonged to Chatrie, who had eluded the police until they turned to the powerful technological tool.

The warrant kick-started the investigation. After determining that Chatrie was among those near the Call Federal Credit Union in Midlothian at the time, police obtained a search warrant for his home. They found nearly $100,000 in cash, including bills wrapped in bands signed by the bank teller.

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