Jun 242013
 June 24, 2013  Posted by  Court

The Supreme Court today denied a writ of certiorari in Skinner v. United States. In that case (mentioned here and here), the Sixth Circuit issued an unfortunate opinion that essentially means there is no reasonable expectation of privacy in cell phone location data.  As Orin Kerr commented last year, the facts of the case were presented somewhat confusingly in the court’s opinion, leaving some of us to wonder whether if the government had been actively pinging the phone, and if so, whether the court really considered whether that active approach should constitute a “search” under the Fourth Amendment.

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