AdministrativeLaw FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether a government agent's direction to a wireless carrier to send a signal to a person's phone, so that the phone reveals the person's precise location and movements in real time is a search within the meaning of the Fourth Amendment
question presented here: Whether a government agent’s direction to a wireless carrier to send a signal to a person’s phone, so that the phone reveals the person’s precise location and movements in real time is a search within the meaning of the Fourth Amendment. 2. In Illinois v. Krull, 480 U.S. 340 (1987), the Court held that the good faith exception to the exclusionary rule prevents exclusion when officers have acted “in objectively reasonable reliance on a statute” that was subsequently found unconstitutional. Id. at 349. But the Court “decline[d] the State’s invitation to recognize an exception for an officer who erroneously, but in good faith, believes he is acting within the scope of a statute.” Id. at 360 n.17. The question reserved in Krull—over which lower courts again are divided—is the second question presented here: Whether a government agent’s good faith but objectively incorrect reading of a statute prevents the exclusion of constitutionally tainted evidence in a criminal trial.