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Judge Napolitano: In Cell Phone Privacy Case, Government’s Arguing Theory of Fourth Amendment ‘That No One’s Ever Heard Of’

A federal appeals court in New Orleans is set to hear a case on whether the government can take possession of an individual’s cell phone records from their carrier without a search warrant. A federal court has already denied the government’s bid to obtain the records without a warrant.

Judge Andrew Napolitano weighed in on Fox Business Network this morning, saying the government’s argument represents a new theory of the Fourth Amendment “that no one’s ever heard of in 230 years.” The Justice Department argues that the Fourth Amendment does not apply to a third party’s possession of such information.

He said he doesn’t expect the appeals court to side with the government, but if it does, it would be a “radical change in the law.”

Watch Judge Napolitano’s full analysis here:


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