7/6/2026 at 5:56:46 PM
To its credit, the article covers all the reasons why the Chatrie decision won’t be determinative for this case.But the headline and narrative paint a way too optimistic (if you’re anti-Flock) picture of Chatrie’s impact.
In particular the search identified by Chatrie (Google’s database of expected-private location records, including movement in the home and other private spaces) has almost no analog in third-party-owned recordings of public movement.
by twoodfin
7/6/2026 at 6:04:33 PM
But Chatrie found that the geofence was unconstitutional because of the wide dragnet which included people not suspected of crimes, not because those people were in private spaces:> The Court held that police conducted a Fourth Amendment search when they obtained Chatrie's location data, because, as the opinion put it, "an individual has a reasonable expectation of privacy in his cell-phone location information."
The analogue with Flock is pretty clear then:
> Just as important as the holding is the reasoning: the Court rejected the government's fallback argument that the search was fine because it only pulled a narrow, time-limited slice of a much larger dataset. Once the Fourth Amendment applies, the majority reasoned, it doesn't matter how small a bite investigators took out of an all-encompassing database.
by text0404
7/6/2026 at 6:09:20 PM
As I understand the ruling, the Court decided these location records were akin to a diary or a personal photograph.That’s what triggered the essential element of an expectation of privacy, from which the fact of a search was established.
Totally absent in this case, as far as I can tell.
by twoodfin
7/6/2026 at 6:24:17 PM
No, they argued these records are akin to a record of the person's travel history.> As Google puts it, and no one seriously disputes, Location History serves as a “diary” or map “of a person’s travels.”
"Diary" is a red herring here. They're referring to a location log, just like what Flock produces.
by estearum
7/6/2026 at 6:45:08 PM
Flock produces a record of a car's travel history. Automobiles are highly regulated and driving is a privilege. There is no _right_ to drive a vehicle from point A to point B, in secret or not.by stickfigure
7/6/2026 at 7:27:14 PM
> Automobiles are highly regulated and driving is a privilege. There is no _right_ to drive a vehicle from point A to point B, in secret or not.If we accept your premise that the government can spy on you simply because an activity is regulated, then the Fourth Amendment is effectively dead. Under that logic, the state could mandate interior cameras in every heavily regulated business, or search the backpack of every passenger using public transit without a warrant.
You have a reasonable expectation of privacy for the contents of your trunk, your backpack, and your travel history. The police cannot search your trunk without a warrant just because you are driving on public roads. They should not be able to search your travel history either.
by nateb2022
7/6/2026 at 7:37:10 PM
> The police cannot search your trunk without a warrant just because you are driving on public roads. They should not be able to search your travel history either.Can the police take pictures of every car they see and use that to determine your travel history? If the police don't have the expertise to maintain such a network can they pay a third party to do so?
by skinfaxi
7/6/2026 at 7:44:32 PM
> Can the police take pictures of every car they see and use that to determine your travel history?You conflate the generally unremarkable act of taking a picture of a single car in public with the indiscriminate collection of photos of all vehicles. The former is a constitutional, isolated observation. The latter is a search, since in toto it reveals personal information.
> If the police don't have the expertise to maintain such a network can they pay a third party to do so?
May the police pay a third party to execute warrantless searches?
by nateb2022
7/6/2026 at 7:54:11 PM
In the 1760s there was something called a writ of assistance, which allowed British officers to search any location for smuggled goods without specific suspicion.The Framers of the Constitution drafted the Fourth Amendment in direct response to these abusive general warrants, protecting against the exact kind of arbitrary power that placed "the liberty of every man in the hands of every petty officer." (John Adams)
Moreso, Adams maintains:
Writs in their nature are temporary things. When the purposes for which they are issued are answered, they exist no more; but these live forever; no one can be called to account...
But these prove no more than what I before observed, that special writs may be granted on oath and probable suspicion. The act of 7 and 8 William III that the officers of the plantations shall have the same powers, etc., is confined to this sense; that an officer should show probable ground; should take his oath of it; should do this before a magistrate; and that such magistrate, if he think proper, should issue a special warrant to a constable to search the places.
As Justice Sotomayor noted in United States v. Jones, logging a vehicle's public movements "reflects a wealth of detail about her familial, political, professional, religious, and sexual associations." An action revealing all this is ipso facto a search; and Flock performs this search in the very absence of a specific warrant that Adams so vehemently opposed.
by nateb2022
7/6/2026 at 7:52:31 PM
We probably all agree that a cellphone is closely associated with you and acts as a surrogate brain, so it gets treated as "you", at least as much as the _inside_ of your house or car.You the right of free travel (with or without your phone). Automobiles are different. You can't take it everywhere; you can't park it everywhere; you can't move it about in secret (plates MUST be displayed, always).
You have an expectation of privacy for the inside of your car. But not the outside of your car. And even the inside... if it's visible from the windows, it's public.
by stickfigure
7/6/2026 at 7:55:31 PM
The reason cell tower data is excluded from Third Party Doctrine has nothing to do with the contents of a cell phone. Cell tower data doesn't have any relationship whatsoever to the contents of the phone.The relevant factors are:
1. It creates a near-complete picture of a person's whereabouts
2. It is effectively not optional to have and carry a cell phone today
You do in fact have a reasonable expectation that the government can't reconstruct a near-perfect timeline of your daily life without a warrant... obviously.
by estearum
7/6/2026 at 8:07:25 PM
A cellphone is effectively you in the eyes of the law.Any automobile may be driven by many people. Only 30% of households are single-person households.
We'll see how this plays out in courts. I'll bet the license plate readers survive. More skeptical about facial recognition though.
by stickfigure
7/6/2026 at 8:10:19 PM
> A cellphone is effectively you in the eyes of the law.No. I just laid out the reasons why cell tower data is different. It has nothing to do with whether a cellphone "is effectively you," which obviously it's not.
by estearum
7/6/2026 at 7:11:45 PM
All government regulation still has to be balanced against whether it intrudes or not on the rights of the People. The government can regulate vehicles, including ensuring drivers have met whatever requirements a license might require — nobody is arguing against that. But Flock cameras do not help advance any reasonable state interest in that area; their sole purpose AFAICT is for law enforcement, and in a way that intrudes on any basic expectations of privacy.by deathanatos
7/6/2026 at 7:07:26 PM
Just like cell towers record a cell phone's travel history. Cell phones are highly regulated and having one is a privilege. There is no _right_ to carry a cell phone from point A to point B, in secret or not.by estearum
7/6/2026 at 7:34:20 PM
This is factually incorrect. You do, in fact, have a legal right to own a cellphone. Cellphone ownership is not licensed and law enforcement cannot stop you from buying a cellphone or carrying it from point A to point B.Cars are different. You must be licensed and cars must be registered with the state. Cars must display tags for the purpose of tracking. They must be inspected periodically. When driving a car on public roads, you are subject to implied consent; for example, taking a blood alcohol test on demand.
As they say, "driving is a privilege, not a right". Cars are different.
Ask yourself: If a US state passed a law requiring geo trackers in all automobiles, do you think it would be unconstitutional? What about drones, airplanes, boats?
by stickfigure
7/6/2026 at 7:19:36 PM
Justifying some control does not justify all control. Voting is a "privilege" too [0] but does that mean any state government should be recording an exact log of your ballot-choices? Surely not.[0] It should be a far stronger right than what it is right now, but that's separate big debate.
by Terr_
7/6/2026 at 7:34:10 PM
SCOTUS unanimously ruled that a GPS car tracker is a 4th amendment search.by 1shooner
7/6/2026 at 7:57:12 PM
US v Jones ruled that installing a GPS car tracker requires a warrant because it trespasses on private property (the vehicle).On the other hand, law enforcement can follow your car with a drone, helicopter, or other vehicle without a warrant. Are cameras more like a helicopter or more like a GPS tracker? The Supreme Court has not weighed in yet.
by stickfigure
7/6/2026 at 8:15:26 PM
No no no, not true.US v Jones ruled that installing a GPS car tracker requires a warrant at least when it involves trespass on private property. That case explicitly did not answer whether it would also require a warrant if no trespass was required, and deferred to Katz v United States analysis. That analysis was used shortly after in Carpenter v United States to answer that the government cannot use third party data that people do not voluntarily give up (like cell tower data) given the completeness of the record.
Fundamentally the issue presented is: "At bottom, the Court must “assur[e] preservation of that degree of privacy against government that existed when the Fourth Amendment was adopted.”"
Obviously "input name, find location at all hours of any day over the past X years" is not the degree of privacy against government that existed when the 4th Amendment was adopted.
by estearum
7/6/2026 at 8:20:19 PM
You said "no" then vigorously agreed with me. My point was that, contrary to the grandparent, US v Jones does not resolve this question.by stickfigure
7/6/2026 at 7:39:35 PM
That may be true, but I fail to see how that justifies broad, warrantless surveillance. Could you elaborate?by nkrisc
7/6/2026 at 7:51:28 PM
Flock also has facial recognition. There are Flock cameras on public walking paths.by SAI_Peregrinus
7/6/2026 at 6:06:33 PM
Not sure I agree. The only difference I see is the idea that there's no expectation of privacy while driving on public roads. That's potentially a huge difference, certainly, but I don't think it makes the negative outcome here quite as likely as you think.Otherwise, it's the same: Google's database is a third-party-owned record of people's movements in public, and Flock's database is a third-party-owned record of people's movement in public.
The ruling in Chatrie had nothing to do with an expectation of privacy, or lack thereof. It was about the dragnet nature of the surveillance. And in that respect, I don't see any meaningful difference between Flock's and Google's systems.
by kelnos
7/6/2026 at 6:45:05 PM
>The only difference I see is the idea that there's no expectation of privacy while driving on public roads.Isn't there some level of expectation if for your whole life these mass networks didn't exist and you could go to the grocery store without being locked in database prison?
by smalltorch
7/6/2026 at 6:11:52 PM
The very first holding of the majority opinion by Kagan:Held: Police officers conducted a Fourth Amendment search when they acquired Chatrie’s location data from Google because an individual has a reasonable expectation of privacy in his cell-phone location information.
Note the possessive “his”. Crucial to the case, this was held to be the individual’s data, not the third-party’s.
by twoodfin
7/6/2026 at 6:16:29 PM
Why would the expectation of privacy be different depending on which spectrum of light the information was captured in (visible vs radio)?In both scenarios, the data is held by a private third party and a person generates this data pretty much by-default.
This is the relevant bit:
In Carpenter, this Court held that accessing cell-site location information (CSLI) constitutes a Fourth Amendment search because “individuals have a reasonable expectation of privacy in the whole of their physical movements,” 585 U. S., at 310. The Court reasoned that CSLI provides a “detailed” and “encyclopedic” portrait of a person’s whereabouts, id., at 309, and, with that, “an intimate window into a person’s life,” id., at 311. Because people “compulsively carry” their cell phones “all the time,” the Court explained, a cell phone “tracks nearly exactly the movements of its owner,” and thus “faithfully follows” him not only through “public thoroughfares [but] into private residences, doctor’s offices, political headquarters, and other potentially revealing locales.”
by estearum
7/6/2026 at 6:21:23 PM
This question seems preposterous on its face. If you walk around in public wearing a t-shirt with text on it, there's a reasonable expectation that people will read it. Specifically because it reflects light.by stickfigure
7/6/2026 at 6:23:02 PM
This is implying the contents of the data are relevant. They're not. What's relevant is only that the government ends up with a very complete picture of a person's whereabouts without a warrant. That is what is disallowed.by estearum
7/6/2026 at 6:25:32 PM
No, it's not about the contents. It's the fact that the data is presented in full public view with the specific intention that it be read.by stickfigure
7/6/2026 at 6:26:43 PM
Nope, this is not an element whatsoever in the most relevant cases, being Carpenter and now Chatrie.by estearum
7/6/2026 at 7:58:25 PM
Above was a quote from Carpenter, and the Court seems to have called out that the completeness of the record meant it recorded them, 'not only in public thoroughfares', but also private homes and doctor's office and so forth.It does seem like that's an element, then -- this is not to say that it's sufficient for anything, since obviously a sufficiently good record of where one goes on public thoroughfares would fail the same test ('reliably reveals that so-and-so went to visit a specialist doctor, divorce attorney, and brothel all on the same day')
by mr_luc
7/6/2026 at 8:15:46 PM
It's the completeness of the record that matters, not the publicness of it.by estearum
7/6/2026 at 8:35:03 PM
Yes that feels like a good characterization.Which, I would say, does seem a lot less black-and-white than the cell phone example, and anyone who thinks it's all settled now might be in for a surprise.
by mr_luc
7/6/2026 at 6:34:21 PM
I'm going to predict right now that this will boil down to "automobiles are not individuals" and automobiles do not get 4th amendment protections.Automobiles are not cellphones, and the state is free to regulate automobiles. It could mandate tracking devices in all cars, if there was political will.
by stickfigure
7/6/2026 at 7:12:06 PM
But will this put a damper in ALPRs from reading cellular/bluetooth radios?https://www.thedrive.com/news/license-plate-cameras-will-soo...
by 0x1d7
7/6/2026 at 6:38:28 PM
Not if the Supreme Court says “no” after a successful challenge.by iamnothere
7/6/2026 at 6:49:17 PM
Of course. We're all here speculating on how the courts will rule. We can come back to this in a few years and see who was right.by stickfigure
7/6/2026 at 6:52:12 PM
Sure, well, multiple Courts have ruled several times in different ways against warrantless mass surveillance, so unless you’re planning to stack the Court, my money is on them remaining consistent here.by iamnothere
7/6/2026 at 7:50:48 PM
"I'm going to predict right now that this will boil down to "automobiles are not individuals""A vehicle is literally considered an extension of your body, and this has been held up many times, starting with Carroll in 1929.
More recently, the 9th circuit put forth a ruling vacating a man's conviction because a cop merely touched the vehicle, thus triggering a warrantless search complaint.
There's a lot of case law that goes against what you're thinking.
by lightedman
7/6/2026 at 7:15:28 PM
The FCC might be surprised to learn that they do not, in fact, regulate cellphones.by FireBeyond
7/6/2026 at 7:15:26 PM
Nope.United States v Jones already answered this question.
by estearum
7/6/2026 at 6:18:51 PM
Chatrie was about Google’s personal location tracking feature in Android, not about carrier tower records.by twoodfin
7/6/2026 at 6:19:35 PM
Which is also irrelevantThere's nothing special about any particular technology at all. The question is whether people have an option to generate the data for a third party (Google, Flock, or cell tower operators) and then the sensitivity of that resulting data.
Carpenter is pretty simple: If you by virtue of existing in the modern world produce a bunch of super sensitive data that third parties now have, then those third parties aren't allowed to just give the government that data.
by estearum
7/6/2026 at 6:33:36 PM
You mean to tell me I can’t just find a loophole to get around the intent of the law? But what about my profits??!?by iamnothere
7/6/2026 at 6:18:28 PM
I'm not sure that's quite as clear as you say it is. It could be "his" as in "about the person" rather than "belonging to the person".by AnimalMuppet
7/6/2026 at 6:22:51 PM
The Fourth Amendment covers exclusively “their persons, houses, papers, and effects” so it has to be one of those.by twoodfin
7/6/2026 at 6:25:56 PM
This is not true.For example, this would allow the government to wiretap anyone without warrant.
Katz v United States would be the place to start your research.
by estearum
7/6/2026 at 6:24:37 PM
Is Flock really 3rd party? Yes, they're a private entity, but they largely owe their existence to government contracts. They maintain their database on behalf of various governments. Their primary sales pitch is to law enforcement. It feels like something completely different than Alphabet's or Meta's databases of person/user data.I do agree that Flock is also not the same as the database of cell phone location data that Verizon or Apple or whoever else might maintain.
It's somewhere in the middle, IMO. At least to my non-lawyer brain.
by alistairSH
7/6/2026 at 7:24:11 PM
Being a government contractor doesn't make you a part of the government. A lot of companies have government contracts, many more so than Flock.by kube-system
7/6/2026 at 7:18:30 PM
Specifically as intended.For states where law enforcement cannot do such things directly, they can still contract with a private provider, either as an RFP, or (as in some states) "you can't RFP this butttt if some private provider just so happened to provide it, you can use it".
by FireBeyond
7/6/2026 at 6:21:45 PM
Yes, while I'm not a fan of fully networked, recorded, ubiquitous license plate tracking, it is quite different than the cell phone.License plate number is a registered identifier mandated to be fully plainly visible, with that identifier tied to a registered individual; compared to cell phone which has identifiers, sure, but they're not registered to an individual necessarily, and not mandated to be plainly visible, rather only "visible" as a means of service provision.
by dundarious
7/6/2026 at 6:13:46 PM
This court has had little respect for precedent so maybe an argument here is more about the fact that rulings like this one may become more likely.by jmward01
7/6/2026 at 6:24:35 PM
they have little respect for precedent which they agree is wrong, which is a far better standard than letting terrible decisions stand because tradition or because popular.by flenserboy