the Next Big 4th Amendment Issue

This wikilog article is a draft, it was not published yet.

by: Ryan • February 23, 2015 • no comments

Tomorrow, the 11th Circuit will be hearing oral argument on the application of the 4th Amendment to cell-site data. See Orin Kerr's blog post here.

Kerr's summary of the federal cases on this issue so far:

The Fifth Circuit has held that there is no Fourth Amendment protection for historical cell-site records, and the Florida Supreme Court has held that the Forth Amendment protects cell-site records at least in real time. The Fourth Circuit held argument in mid-December on a historical cell site case, and in Davis we’ll get a ruling from the en banc Eleventh Circuit on the same issue. There may be some other cases working their way up to state Supreme Courts or even a federal circuit that I don’t know about. (The Third Circuit offered some dicta on the issue in 2010 without reaching a decision, but that doesn’t count.)