Anthony Kennedy defends obtaining carrier business records
Anthony M. KennedySupreme Court justice, dissenting
Kennedy argues that compelling a carrier's own business records does not search the customer.
Responding to
Obtaining carriers' historical cell-site business records does not search the customer for Fourth Amendment purposes.
“The Court has twice held that individuals have no Fourth Amendment interests in business records which are possessed, owned, and controlled by a third party. United States v. Miller, 425 U. S. 435 (1976); Smith v. Maryland, 442 U. S. 735 (1979). This is true even when the records contain personal and sensitive information.”
Original text
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.
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Original text
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
Kennedy disagrees with the majority's treatment of historical cell-site records.
After the quotation
Thomas and Alito join Kennedy's dissent. It applies third-party business-record precedents; the majority emphasizes the sensitivity of location histories. Other justices file separate dissents.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The subject is government acquisition of Carpenter's historical cell-site records without a probable-cause warrant. Kennedy argues that compelling a carrier's own business records does not search the customer.
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More from this case
Read the full caseJohn Roberts rejects warrantless access to historical cell-site records
“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.”Read statement
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The Dispute Index. "Anthony Kennedy defends obtaining carrier business records". First published: 2026-10-23. Last updated: 2026-10-23. https://disputeindex.com/events/6551-kennedy-argues-that-compelling-a-carrier-s-own