Chatrie v. United States · ¶151

In any event, the majority’s approach creates its own share of line-drawing problems. What dividing line can explain why a defendant has a reasonable expectation of privacy in his cell-phone location information but not in his bank records? See Miller, 425 U. S., at 442–443. Debit and credit cards might be viewed as comparably “indispensable to participation in modern society,” and their use creates a detailed paper trail. Carpenter, 585 U. S., at 315. As a result, modern bank records contain similarly comprehensive accounts of Americans’ private lives, including “the political and religious organizations to which they donate; whether they have visited a psychiatrist, plastic surgeon, abortion clinic, or AIDS treatment center; [and] whether they go to gay bars or straight ones.” Id., at 337 (Kennedy, J., dissenting). But as long as Miller remains good law, see Carpenter, 585 U. S., at…

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