The issue of whether the government may obtain cellular telephone tower data without a warrant is scheduled for EN BANC oral argument at the Eleventh Circuit on February 24th in Atlanta. Among the many amicus briefs filed in the case, most interestingly is that of AT&T, the nation’s largest wireless provider, who argues in its brief:
“Nothing in Smith or Miller [the United States Supreme Court’s third party doctrine jurisprudence] requires that individuals must choose between participating in the new digital world through use of their mobile devices and retaining the Fourth Amendment’s protections.” (AT&T’s Amicus Br. at pp. 20-21).
United States v. Quartavious Davis, 12-12928
En Banc Order: