The lessons here go beyond cell pho
ne location data. If there is
anything to be certain of, it is that
technology will continue to advance.
This inevitably will lead police to having better information-gathering
capacity and surveillance ability. Unless
the Court acts, the third-party and
public disclosure doctrines will continue to stand as two central hurdles to
Fourth Amendment protection in these situations. It is important we
understand the historical context and unique contours of each doctrine.
Only then can we intelligently discuss whether and how they should, or
should not, apply to future technologies.