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Athena witnesses a hit and run accident involving a red car with an Uber (ridesharing service) sticker in the windshield. She can't make out
Athena witnesses a hit and run accident involving a red car with an Uber (ridesharing service) sticker in the windshield. She can't make out the license plate but knows the color and location of the car. She calls the police who put in a request to Uber to get information on all of the Uber cars in the area at the time. Uber responds with a list of five drivers and cars: Zeus, Red Toyota Corolla Eli, Black Honda Civic Cameron, Blue Ford Focus Bastion, Pink Cadillac Escalade Olivia, Blue Nissan Versa Police go to Zeus's house where a red Toyota Corolla is parked in the driveway. They see damage on his car consistent with the hit and run. Zeus is ultimately arrested and charged with fleeing the scene of an accident. You are Zeus's attorney. Advise Zeus as to whether police violated his constitutional rights when they received information about his location from Uber without a warrant? Yes, and the police also violated the constitutional rights of Eli, Cameron, Bastion, and Olivia who can sue for invasion of privacy Maybe, you could make the argument that Carpenter should be extended to apply to this type of location data but these facts are not clearly within the scope of the Carpenter holding No, Zeus shared his location data with a third party (Uber) and the police do not need a warrant to request location information from the third party Yes, under Carpenter (the cell tower tracking case), getting location data from a third party without a warrant is always unconstitutional
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