Eleventh Circuit grants rehearing en banc in cell-site case

September 4, 2014

I have blogged a few times about the Eleventh Circuit’s panel decision in United States v. Quartavious Davis, holding that all cell-site data is protected by the Fourth Amendment. As regular readers may recall, I found the decision very puzzling.

This morning the Eleventh Circuit voted to rehear the case en banc, which vacates the panel decision. The case will now be set for a future en banc argument before the full Eleventh Circuit. Meanwhile, a panel of the Fourth Circuit will also be considering the same issue in a future argument in United States v. Graham.

UPDATE: it my be worth noting, at least for appellate litigation nerds, that the Eleventh Circuit granted DOJ’s petition for rehearing even though DOJ was technically the winning party.

Orin Kerr is the Fred C. Stevenson Research Professor at The George Washington University Law School, where he has taught since 2001. He teaches and writes in the area of criminal procedure and computer crime law.
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