The Washington PostDemocracy Dies in Darkness

Eleventh Circuit grants rehearing en banc in cell-site case

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.