Orin Kerr writes: No, concludes Judge Bennett in United States v. Graham (District of Maryland, March 1, 2012). Judge Bennett concludes that historical cell-site records are not protected because they fall under the third-party doctrine: Like the bank records at issue in [United States v.] Miller, the historical cell site location records in this case are not…
Category: U.S.
EPIC sues U.S. Dept of Education
EPIC has filed suit against the U.S. Dept. of Education over its recent amendments to the Family Education Rights Privacy Act (FERPA). The federal complaint, which was filed in the D.C. District Court yesterday, alleges that the amendments are not in accordance with the law and exceeded USED’s authority. The amendments provided definitions of terms such…
Does Jones Create A Right Not to Be Videotaped in Public Without A Warrant?
Orin Kerr always provides foods for thought. In another blog post yesterday, he writes: Two Justices of the Montana Supreme Court think so, based on a special concurrence in Montana State Fund v. Simms (February 1, 2012). Justice Nelson (joined by Justice Wheat) suggests that under United States v. Jones, the Fourth Amendment limits the government’s ability to…
Judge Posner on Searching a Cell Phone Incident to Arrest
Orin Kerr writes: I am often filled with a mild sense of both excitement and dread when I learn that Judge Posner has authored an opinion in areas of law that I follow closely. Excitement, because I know it will be fascinating to read. And dread, because I know it will be filled with extensive…