Code of Criminal Procedure · Carpenter v. United States

Carpenter v. United States

Carpenter v. United States is covered under Carpenter v. United States and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Search & Seizure" on practice exams.

To prove this offense, the State must establish each of the following elements: Historical CSLI; Sufficient duration to provide comprehensive picture; Warrant required, with probable cause; See also Tex. Code Crim. Proc. art. 18B.

Elements you must prove

  • Historical CSLI
  • Sufficient duration to provide comprehensive picture
  • Warrant required, with probable cause
  • See also Tex. Code Crim. Proc. art. 18B

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Worked examples

Worked example 1

The cell-site location information (CSLI) of a person's phone collected by a wireless carrier:

  1. Is freely accessible to law enforcement at any time
  2. Generally requires a warrant for historical CSLI of significant duration (Carpenter v. United States), because cumulative location data is protected by a reasonable expectation of privacy Correct
  3. Requires only a subpoena in all cases
  4. Is only accessible to FBI
Why: Carpenter held that government acquisition of historical CSLI is a Fourth Amendment search and generally requires a warrant supported by probable cause. Texas's CCP Art. 18B sets out warrant procedures for electronic communications information.
Statute: Carpenter v. United States, 138 S. Ct. 2206 (2018)