Masterpiece or Mess: The Mosaic Theory of the Fourth Amendment Post-Carpenter

In Carpenter v. United States, the Supreme Court potentially adopted what has been called the mosaic theory of the Fourth Amendment. The mosaic theory, which looks at the type and amount of information the government gathered in the aggregate, represents a significant departure from traditional Fourth Amendment doctrine. This potential adoption of the mosaic theory has left the lower courts in a difficult position where they must grapple with a variety of problems presented by the doctrine.

This Note aims to explore the post-Carpenter state of the law among the lower courts. It begins by examining lower court decisions that have adopted the mosaic theory. Next, it turns to lower court decisions that declined to apply the mosaic theory. Finally, it discusses broader takeaways and lessons that have emerged from the post-Carpenter cases.

Keywords: criminal law, Fourth Amendment, mosaic theory, privacy, CSLI, cell-site, Carpenter, surveillance

JEL Classification: K1, K14, K42

Suggested Citation: Suggested Citation

Fairbanks, Robert, Masterpiece or Mess: The Mosaic Theory of the Fourth Amendment Post-Carpenter (June 23, 2021). Berkeley Journal of Criminal Law 2021, Available at SSRN: https://ssrn.com/abstract=3884158

Robert Fairbanks (Contact Author)

University of California, Berkeley, School of Law, ( email )

Berkeley, CA
United States