Thoughts on the Oral Argument in the Fifth Circuit Cell-Site Case

Orin Kerr commented on yesterday’s oral argument:

The Fifth Circuit held its oral argument in its Fourth Amendment cell-site case today; the audio is here. On the whole, I thought the argument was pretty unilluminating. The judges spent a lot of time trying to figure out the statute and the facts, but they had surprisingly few questions about the Fourth Amendment questions DOJ and the amici argued. Here’s a quick run-down of the argument, followed by my thoughts….

Read his summary and comments on The Volokh Conspiracy.

Overall, I remain concerned that this was not the Circuit in which I’d have liked these arguments to be heard. But we’ll see….