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D.C. Circuit Denies En Banc Review in GPS Surveillance Case

Posted on November 19, 2010July 3, 2025 by Dissent

Woohoo! It was a close call, but in a 5-4 vote, the D.C. Circuit denied the DOJ’s request for an en banc review of the decision to overturn Antoine Jones’ life sentence in a case where law enforcement had used GPS surveillance on Jones for 4 weeks without a warrant. Jones’ case had been consolidated with the case of Lawrence Maynard. Both cases have been covered on this blog previously.

Coverage of today’s decision can be found on Legal Times Blog and Orin Kerr’s blog entry on The Volokh Conspiracy.

Obviously, this is not the end of this case. It’s just a question of when it gets before the Supreme Court and what the Supreme Court will rule. Given this particular Supreme Court, I’m not holding my breath.

I expect we’ll see more coverage of this decision in the days to come.

Hat-tip, @csoghoian

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