Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Graham’s death ignites GOP scramble for Senate seat as Trump hints he already has a favorite
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Sen. Lindsey Graham’s, R-S.C., sudden death from an undisclosed illness has triggered a two-pronged approach to replace him, and President Donald Trump will likely be a focal point in the process.
Graham’s passing overnight comes at a time when Republicans in the upper chamber need every vote they can get. The Senate GOP now holds a 52-seat majority, and with the timetable for Sen. Mitch McConnell’s, R-Ky., absence still unclear, that majority is now effectively 51 votes.
That will up the pressure, and drama, to find a replacement for the longtime South Carolina lawmaker.
LINDSEY GRAHAM, SOUTH CAROLINA SENATOR WHO ROSE FROM SMALL-TOWN ROOTS TO GOP POWER BROKER, DIES AT 71
Sen. Lindsey Graham speaks with reporters aboard Air Force One with President Donald Trump and Secretary of Commerce Howard Lutnick on the way back to Washington, D.C., on Jan. 4, 2026. (Jim Watson/AFP via Getty Images)
Trump, during an appearance on NBC’s “Meet the Press” on Sunday, said, “I have somebody that I think would be great.”
“But I don’t want to say it now because it’s just, it’s too soon with Lindsey,” Trump said. “I don’t wanna even talk about anybody, but I do have somebody that I think is really good.”
It’s a process guided by the Constitution and state law. The first step will require South Carolina Gov. Henry McMaster, a Republican, to appoint a replacement for Graham on a temporary basis.
McMaster, a close ally of Trump, can appoint a temporary replacement as soon as he wants. That pick will serve until the next special or general election.
MCCONNELL FACES FRESH CALLS TO COME CLEAN ABOUT HEALTH ISSUES
Fox News Digital did not immediately hear back from McMaster’s office on when he would make the announcement, or who he was considering for the seat.
Graham was already in-cycle running for a fifth term in the upper chamber, and he easily cruised to a primary victory early last month. That means that whoever McMaster taps would serve until the end of the year to finish off the remainder of Graham’s fourth term.
The second prong is finding his long-term successor.
The candidate filing period for that special election to win the GOP nomination opens July 21. The election is slated for Aug. 11, according to South Carolina law.
That race could see several familiar faces in South Carolina GOP politics jumping in, including McMaster himself, who is termed out as governor.
TRUMP’S ENDORSEMENT POWER FACES ANOTHER GOP TEST IN SOUTH CAROLINA AFTER ALAN WILSON ADVANCES
Rep. Nancy Mace, R-S.C., departs the U.S. Capitol after a series of House votes on funding for Homeland Security and a War Powers resolution on Iran on March 5, 2026, in Washington, D.C. (Andrew Harnik/Getty Images)
Trump heaped praise on McMaster, noting that he endorsed his first bid for the White House in 2016.
“Henry’s been a great governor, you know now he’s termed out, but he’s going to do the right thing,” Trump said. “I think Henry will be fantastic.”
There are six members of South Carolina’s GOP congressional delegation who could toss their hats into the mix. Rep. Nancy Mace, R-S.C., who recently lost a bid for the GOP gubernatorial nomination, is eyeing jumping into the special election.
A person familiar with Mace’s plans told Fox News Digital, “Congresswoman Mace is considering a bid to run.”
Then there’s Rep. Joe Wilson, R-S.C., the longest-serving Republican member of the Palmetto State’s delegation. He quickly snuffed speculation about whether he’d leap into the fray.
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“I was grateful to speak with President Trump today reminiscing about our mutual friend, Senator Lindsey Graham,” Wilson said on X. “I assured him my goal is to remain in the House to keep his two-vote majority for the American people!!!”
Then there’s the remaining four: South Carolina Republican Reps. Ralph Norman, who also lost out on scoring the GOP nomination for governor, Russell Fry, William Timmons and Sheri Biggs, none of whom, so far, have signaled that they would jump into the battle for Graham’s seat.
Meanwhile, South Carolina Lt. Gov. Pamela Evette could also be in the mix.
A source familiar told Fox News Digital that Evette is receiving “tons of encouragement from all across the state and from around the country” to serve as the temporary caretaker for Graham’s seat.
The source said that Evette is also being encouraged to run to seek a full six-year term in the Senate.
Evette, a top South Carolina ally of Trump’s and McMaster’s, was endorsed by both as she finished first in South Carolina’s Republican gubernatorial primary in this year’s race to succeed McMaster.
But after Trump also endorsed her GOP rival in the runoff, State Attorney General Alan Wilson, she was trounced by Wilson a few weeks ago in the runoff election
Fox News Digital did not immediately receive responses to requests for comment from possible contenders in the House.
Politics
On birthright citizenship, the Supreme Court ‘originalists’ split on history and Trump
WASHINGTON — The Supreme Court’s conservative justices say they decide cases based on the words and original history of the Constitution — and not on their personal or political views.
Following the lead set by the late Justice Antonin Scalia, they say they see history and “originalism” as a guiding principle to prevent judges from changing the Constitution to adjust to new and changing times.
This text-and-history approach is said to contrast with an evolving or “living Constitution” favored by progressives and liberal activists.
But this year saw a flip of sorts on birthright citizenship.
The foremost conservatives agreed with President Trump that the surge of illegal immigration called for reconsidering the promise of citizenship at birth set out in the 14th Amendment of 1868.
“The number of illegal immigrants in this country exploded” in recent years, Justice Samuel A. Alito Jr. wrote in dissent. The rule of citizenship at birth provides “a powerful incentive to enter or remain in this country illegally,” he added.
“The Constitution is an enduring document,” wrote Justice Brett M. Kavanaugh, but its rules and meaning must adjust to “modern situations that were unknown or unanticipated by the Constitution’s Framers.”
In a concurring opinion, he said that “significant illegal immigration into the United States is a new circumstance that was largely unknown as of 1868.”
There were no federal immigration laws in the mid-19th century, but it was an era when a surge of Irish immigrants had settled on the East Coast and large numbers of Chinese immigrants came to California.
Under the law, their children were deemed to be citizens at birth.
Among the conservative originalists, only Justice Amy Coney Barrett signed the majority opinion that was written by Chief Justice John G. Roberts Jr. and joined by the three liberals.
The opening words of the 14th Amendment of 1868 say: “All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States.”
In 1898, the Supreme Court upheld the rule of citizenship at birth in the case of Wong Kim Ark, who was born in San Francisco to Chinese parents.
In an executive order, Trump proposed to end birthright citizenship for the newborns whose parents were in the country illegally or temporarily.
Writing for the court, the chief justice said the words of the 14th Amendment were clear and were clearly understood at the time. He dismissed the “dramatically revisionist view” that has been cited recently.
Kavanaugh voted with the majority to block Trump’s order from taking effect. He did so because Congress had adopted birthright citizenship in a 1952 law.
“Consistent with the 14th Amendment, Congress could … enact new legislation establishing exceptions to birthright citizenship,” he wrote.
Justices Clarence Thomas and Alito wrote long dissents arguing that the framers of the 14th Amendment did not or would not have favored birthright citizenship.
They pointed to recent scholarship by law professors that raised questions about the accepted understanding of the 14th Amendment and the citizenship rule.
Thomas said citizenship of the child should turn on whether the parents were “domiciled” in this country. Black people who were enslaved were undoubtedly domiciled here, but the same is not true of temporary visitors.
Justice Neil M. Gorsuch agreed in part with Thomas and questioned whether the newborns of temporary visitors should be deemed as citizens at birth.
Many court commentators were surprised by the close 5-4 divide on the constitutional issue.
“Given how clear the language was, I expected it to be 7 to 2,” said Melissa Murray, a New York University law professor. “I really gasped when I saw it was 5-4. This is not settled. We’re not done with this debate.”
Sarah Isgur, a podcaster and SCOTUSblog analyst, said that “originalism is getting more and more muddled. Either the history matters or it doesn’t.”
However, she agreed with Kavanaugh’s approach of leaving it to Congress to reconsider the issue.
Not all originalists are conservative.
Yale Law Professor Akhil Amar, a constitutional historian, argued that the history of birthright citizenship is clear and not subject to revisionist thinking. He said the Reconstruction Congress adopted this principle of citizenship at birth and stated their intent in clear words in the 14th Amendment.
“When a baby is born on American soil and an American flag flies above, that baby is a birthright citizen, as the Reconstruction Republicans across the land understood,” he wrote in February. This rule “has virtually nothing to do with the baby’s parents.”
Last week, he was mostly cheered by the court’s ruling.
“It’s a triumph, but it should have been 9-0,” Amar said on a review of the court term sponsored by SCOTUSblog. “Shame on the dissenters. They didn’t even the address the statute” and its wording.
But the majority led by Roberts “clearly affirmed the plain meaning of the constitutional text and its history. And that’s a win,” he said.
History has a recurring role at the Supreme Court.
Isgur noted the court will hear arguments in the fall on whether the 2nd Amendment of 1791 gives gun owners a right to have “assault weapons” like AR-15 rifles.
She said the court will decide then between history and changed circumstances.
At issue is whether these modern rapid-fire rifles fit within the history of the gun rights protected by the 2nd Amendment or instead represent a new and dangerous threat to public safety that was unknown in 1791.
Scalia’s opinion upholding gun rights in 2008 is often cited as a model of originalism, but it too emerged from a court divided 5-4.
The 2nd Amendment says, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bears Arms, shall not be infringed.”
For decades, the Supreme Court had all but ignored the 2nd Amendment, viewing it as a somewhat outdated provision involving militias, akin to the 3rd Amendment. It forbids having soldiers “quartered in any house … in time of peace.”
Four liberal dissenters in 2008 said the court should stand by that understanding of history.
Justice John Paul Stevens said the 2nd Amendment was added to the Constitution to protect state militias from federal interference. Moreover, the reference to “bear arms” suggests it was about militias, he said.
But Scalia’s opinion stands as the landmark precedent, and he said the dissenters had the history all wrong.
The right to have guns for self-defense arose in England and came to the American colonies. “By the time of the founding, the right to have arms had become fundamental for English subjects,” he wrote.
The 2nd Amendment did not establish a new right, he said. Rather, it “codified a pre-existing right [of] having and using arms for self-preservation and [defense],” he wrote.
“There seems to us no doubt, on the basis of both text and history,” Scalia wrote, “that the 2nd Amendment conferred an individual right to keep and bear arms.”
Politics
Sen. Lindsey Graham dead at 71 after ‘brief and sudden’ illness, office says
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Sen. Lindsey Graham, R-S.C., died Saturday evening following a “brief and sudden” illness, according to a statement from his office.
“On the evening of Saturday, July 11, U.S. Senator Lindsey Graham passed away from a brief and sudden illness,” his office said.
“Senator Graham’s family appreciates prayers at this time and asks for privacy during this incredibly difficult period,” it continued.
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Sen. Lindsey Graham, R-S.C., speaks with reporters about aid to Ukraine, on Capitol Hill, Wednesday, March 10, 2022, in Washington. (AP Photo/Alex Brandon)
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