9th Circuit oral argument on historical cell-site information

|The Volokh Conspiracy |

Several federal circuits have ruled that there is no Fourth Amendment reasonable expectation of privacy in historical cell-site location information. The 9th Circuit held argument on the question this morning in United States v. Gilton before a strong panel of Judges Wallace, McKeown and Bybee. Thanks to the 9th Circuit's open access policies, you can watch the video here on YouTube:


On the merits, I agree with the existing circuit rulings that cell-site records aren't protected under the third-party doctrine. With that said, five years ago I would have expected a circuit split on this issue by now that will prompt Supreme Court review.

As always, stay tuned.