Smith v. United States

Year: 2015 (Vol. 39)

Topics: Criminal Procedure; Fourth Amendment

Questions presented:

1. Does a non-trespassory collection of information related to an individual’s position qualify as a “search” under the Fourth Amendment?
2. If such activities do qualify as a “search,” does the warrantless collection of such information require that the evidence collected be repressed?

Format: Word and PDF

Prepared by: Juan Caballero

Preemption notice! Carpenter v. United States, 138 S.Ct. 2206 (2018), addresses the non-trespassory collection of cell sites and held that the collection of such locational information for seven days or more constitutes a search under Fourth Amendment.