The US Supreme Court in CARPENTER v. UNITED STATES has ruled with a 5-4 majority that the police generally need a search warrant to obtain broad access to data that shows the location of cellphone users, unless a warrant-less search is necessary in view of the“exigencies of the situation”.
Citing the fourth amendment, the court said Thus, when an individual seeks to preserve some- thing as private, and his expectation of privacy is one that society is prepared to recognize as reasonable,” official intrusion into that sphere generally qualifies as a search and requires a warrant sup- ported by probable cause.
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