John Roberts rejects warrantless access to historical cell-site records

John RobertsChief justice, writing the Supreme Court majority opinion

Roberts rejects treating the carrier's possession of location records as sufficient to eliminate the customer's Fourth Amendment protection.

Responding to

Obtaining carriers' historical cell-site business records does not search the customer for Fourth Amendment purposes.

“Given the unique nature of cell phone location records, the fact that the information is held by a third party does not by itself overcome the user’s claim to Fourth Amendment protection.”

Original text

Read the original text (opens in a new tab)Carpenter v. United States, 585 U.S. 296 (2018), No. 16-402, opinion of the Court · Supreme Court of the United States

Where this statement fits

Carpenter: Roberts and Kennedy split over police access to cellphone location records

In June 2018, the Supreme Court ruled five to four that obtaining Timothy Carpenter's historical cellphone location records was a search and generally required a warrant. Chief Justice John Roberts stressed the reach of location surveillance. Justice Anthony Kennedy dissented, arguing that the government obtained the carriers' business records rather than searching Carpenter's property.

Read the full case

Case updates

Want the next important update?

Follow this case and get an email when an important development changes the record.

Important updates only. Free. Confirm your email to start. Unsubscribe anytime. How we handle your email.

Source and context

Original text

Carpenter v. United States, 585 U.S. 296 (2018), No. 16-402, opinion of the Court (opens in a new tab) · Supreme Court of the United States

About this source

The Supreme Court's 5-4 decision of June 22, 2018, written by Chief Justice Roberts, holding that the government's acquisition of historical cell-site location records from wireless carriers was a Fourth Amendment search that generally requires a warrant. The Court said individuals have a reasonable expectation of privacy in the whole of their physical movements, called its decision narrow, and said it did not call into question conventional surveillance techniques and tools such as security cameras. It does not address license-plate readers.

Archived copy (opens in a new tab)

Before the quotation

The government obtained historical location records using statutory court orders without a probable-cause warrant.

After the quotation

The majority generally requires a warrant for this acquisition while recognizing case-specific exceptions.

How this statement is classified

Condemned

The label describes this statement's response within the context above.

Why this label?

The subject is warrantless acquisition of Carpenter's location records. Roberts's majority reasoning rejects the government's argument that carrier possession removes Fourth Amendment protection. This is legal criticism of the acquisition, not a personal denunciation.

Recorded on
Published here

More from this case

Read the full case

Share or embed this statement

Quote card: John Roberts, John Roberts rejects warrantless access to historical cell-site recordsDownload image (PNG)

The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.

Cite this record

Publisher
The Dispute Index
Title
John Roberts rejects warrantless access to historical cell-site records
First published
Last updated
Permalink
https://disputeindex.com/events/6550-roberts-rejects-treating-the-carrier-s-possession-of

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "John Roberts rejects warrantless access to historical cell-site records". First published: 2026-10-23. Last updated: 2026-10-23. https://disputeindex.com/events/6550-roberts-rejects-treating-the-carrier-s-possession-of