Back in August, there were two lengthy posts discussing the Fifth Circuit’s groundbreaking ruling in United States v. Smith regarding geofence warrants. The court not only determined that geofencing requires a warrant but also declared geofencing warrants as categorically unconstitutional. I published a critical post on August 13th and engaged in a debate with the ACLU on August 16th.
This week, the Justice Department has filed a petition for rehearing, stating:
The U.S. Attorney’s Office for the Northern District of Mississippi is seeking rehearing en banc due to conflicts with decisions from other courts of appeals, misinterpretation of relevant Supreme Court precedents, and potential implications that could restrict the government’s use of vital investigative techniques. Every U.S. Attorney’s Office in the Fifth Circuit supports this petition.
Given my previous commentary, I am hopeful that the rehearing en banc will be granted. Stay tuned for updates.
