Orin Kerr writes:
In United States v. Bah, decided July 24th, the U.S. Court of Appeals for the Sixth Circuit handed down the first circuit ruling on whether skimming a credit card — swiping the card through a magnetic reader to find out the number and name stored inside — is a Fourth Amendment search. The court ruled that the answer is “no.” I think that’s wrong, and that the answer should be “yes.”
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