Orin Kerr writes:
I’ve blogged a few times about the Third Circuit’s litigation in United States v. Katzin, a case on the Fourth Amendment implications of installing a GPS device. Initially, a panel of the court held that installing a GPS device on a car requires a warrant and that the exclusionary rule applied because there was no binding precedent allowing the government to install the device. Next, DOJ moved for en banc rehearing of just the exclusionary rule holding, which the Third Circuit granted. That brings us to the new development: On Wednesday, the en banc Third Circuit ruled that the exclusionary rule does not apply.
Read more on Washington Post The Volokh Conspiracy.