Eugene Volohn writes:
Jane Bambauer, a leading information law scholar (both on the First Amendment and the Fourth Amendment side), wrote up these thoughts on the recent geofencing case, on which Orin had also written; I’m delighted to be able to pass them along:
Last week, Judge Lauck of the Eastern District of Virginia handed down the first thorough Fourth Amendment analysis of the police investigation process known as “geofencing.” Judge Lauck found that the geofence warrant at issue in the case was unconstitutional. Moreover, the infirmities she found would be very difficult to cure in most police investigations where geofenced data might be helpful.
Civil liberties organizations have praised the opinion, but like Orin Kerr, I found the opinion confusing and poorly reasoned in its handling of key Fourth Amendment precedent. So I’ll take this opportunity to add a few additional doctrinal critiques to Orin’s excellent summary.
Read more at Reason.