Whether the government’s acquisition of historical cell site records from a cellular telephone service provider pursuant to a court order authorized by the Stored Communications Act, 18 U.S.C. § 2703(c)(1)(B), (d), constitutes an unreasonable search or seizure in violation of the Fourth Amendment.Orin Kerr thinks that the panel got it wrong and that the Court should take the case en banc. I disagree with my old classmate. It will be interesting to see what the Court does here.
Monday, August 04, 2014
Will the 11th Circuit hear the cell-site case en banc?
The government has asked for rehearing en banc in Quartavious Davis' case, which held that acquiring historical cell-site data is a Fourth Amendment search. The government frames the issue this way in its petition: