Jim Baker and Orin Kerr on the Carpenter Ruling

Jim Baker and Orin Kerr on the Carpenter Ruling

On June 22, the Supreme Court released its long-awaited ruling in Carpenter v. United States, a case challenging whether law enforcement agencies need a search warrant to acquire the history of a cell phone's location from a wireless provider. Chief Justice John Roberts wrote for the five-justice majority that doing so amounts to a 4th Amendment search, a decision that will have far-reaching implications for law enforcement activities moving forward. On Thursday, Benjamin Wittes spoke on the phone with Jim Baker, the former general counsel of the FBI, and Orin Kerr, the 4th Amendment expert whose writing was cited in every dissent, to understand the decision. They talked about what the decision said, what a warrant for cell site data might look like, and the ruling's implications for other areas of 4th Amendment law.

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Lawfare Archive: The National Security Law Podcast Guys Talk Soleimani

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From October 2, 2024: Israel has hit Hezbollah very hard over the past few days, killing much of its senior leadership and eroding its capabilities. It has also displaced hundreds of thousands of Leba...

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This week, Scott sat down with his Lawfare colleagues Benjamin Wittes, Daniel Byman, and Ari Tabatabai for an in-depth discussion of the U.S. military operations against Iran, including:“Isn’t it Iran...

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Tom Brzozowski, formerly of the Justice Department; Lawfare Public Service Fellow Troy “LT” Edwards; and Steven Monacelli, an investigative correspondent at the Texas Observer, sit down with Lawfare A...

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Lawfare Daily: The Tariffs Decision and What Comes Next

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For today’s episode, Lawfare Senior Editor Scott R. Anderson sits down with three leading scholars from the Georgetown University Law Center—Professor Kathleen Claussen, Professor Marty Lederman, and ...

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Lawfare Daily: The Pentagon Designates Anthropic as a Supply Chain Risk

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In a live conversation on March 2, Lawfare Editor in Chief Benjamin Wittes spoke to Lawfare Senior Editor and Research Director Alan Rozenshtein about the Pentagon's designation of AI company Anthropi...

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Lawfare Daily: The Trials of the Trump Administration, Feb. 27

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In a live conversation on YouTube, Lawfare Editor in Chief Benjamin Wittes sat down with Lawfare Senior Editors Scott R. Anderson, Roger Parloff, Molly Roberts, Anna Bower, and Alan Rozenshtein, and L...

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