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The court should rule that a warrant is required.
And no warrant is required if a government agency goes fishing among its own employees for contact with journalists.
But on certain categories of information, like location data, the law remains vague on whether a search warrant is required.
While metadata is significantly more intrusive into the lives of citizens than access to mere content, a warrant is required for content but not metadata.
"Simply put," the chief justice wrote, "when a drunk driving suspect fails field sobriety tests and refuses a breathalyzer, whether a warrant is required for a blood draw should come down to whether there is time to secure one".
"Our courts have consistently recognized that there is no reasonable expectation of privacy in this type of metadata information and thus no search warrant is required to obtain it," she said, adding that "any subsequent effort to obtain the content of an American's communications would require a specific order from the FISA court".
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The Supreme Court decided that a warrant was required.
Should a warrant be required for specific location information of a known suspect?
Should a warrant be required to monitor the location of an individual with whom a known suspect is communicating?
Mr. Davis argued that Officer Nesdall was acting as an agent of the police during the Operation Nightwatch visit and that therefore a search warrant was required.
For locational data — information about where a person has physically been, or currently is — the coalition also recommends that a search warrant be required.
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